People v. Salas CA6

I. BACKGROUND

A. The Underlying Incident Around 11:00 p.m. on June 22, 2021, Salas was with several friends in a park, attending a vigil for a close friend who had been murdered. Everyone attending the vigil was around 20 years old, and all had attended the same high school. Juan Rodriguez was in the park at the same time. He was celebrating his 43rd birthday by walking through the park drinking alcohol and had previously used methamphetamine. Rodriguez also carried a four-foot-long shovel. Rodriguez approached the picnic table where Salas and his companions had set up candles and a picture of their deceased friend. Salas cautioned Rodriguez to be careful around the memorial display. Rodriguez responded dismissively, claiming that “this is my block.” Salas told Rodriguez to leave, but Rodriguez refused. Instead, Rodriguez exchanged threats and insults with Salas and several other young men, and when the confrontation grew more acrimonious, Salas suggested Rodriguez put the shovel down and fight without it. Salas and several of his friends then surrounded Rodriguez, who flailed at them with the shovel but failed to connect. Rodriguez pulled out a knife, possibly after someone in…