People v. Pastor Cruz

The People appeal from an order of dismissal in favor of defendants Antonio Pastor Cruz and Victor Pastor Cruz. The trial court dismissed the case because the police negligently lost a knife allegedly used in the charged crime of assault with a deadly weapon, to wit, a knife. We reverse.

Facts

The facts appear to be generally undisputed. A quarrel arose between defendants and the alleged victims, Manuel Gonzalez Sanchez and Amador Mayorga Romero. The victims’ version was that defendants, without provocation, attacked them with knives, and that both victims were stabbed. Both victims were treated at a hospital for their injuries. Defendants’ version was that they acted in self defense after the victims assaulted them with bottles.

The alleged assaults occurred on July 13, 1991. A police report was apparently prepared at the time when the alleged assaults occurred. That report is not part of the record, and was not before the trial court. The parties seem to agree that one or both victims described the knife, or one of the knives, as having a 12-inch blade, characterized by defense counsel as giving the impression that the knife was akin to a “horrendous sword.” At tiie…