Esquibel

As a result of his involvement in a riot at the El Monte County Park, a lovely picnic ground in the east greater San Diego area, defendant Ernest Patrick Esquibel was convicted by a jury of several felonies and misdemeanors, including assault with a deadly weapon (Pen. Code, § 245, subd. (b)), riot (Pen. Code, §§ 404, 405), assault (Pen. Code, § 240), resisting arrest (Pen. Code, § 148), malicious mischief (Pen. Code, § 594), and resisting a peace officer (Pen. Code, § 69). He received three years probation on July 31, 1972.

Two and one-half years later Esquibel petitioned for a writ of error coram nobis in the superior court to overturn the conviction of assault with a deadly weapon (Pen. Code, § 245, subd. (b)).

At the criminal trial held about three months after the incident, the victim of the assault, Officer P. C. Scott, testified he thought Esquibel had intentionally hit him with the pickup truck Esquibel was driving, thus causing Scott to be thrown upon its hood and seriously injured. About two years later, in connection with a civil suit which Scott had brought against Esquibel to recover for his personal injuries, Scott talked with Reserve Officer Rizzo, an…