Romero

In an ever-increasing trend, this murder case arises from an all-too-familiar formula: one party commits a relatively minor “infraction” which quickly escalates into street violence and then death or serious injury. Many of us can relate to this phenomenon by reflecting upon our own experience behind the wheel of a car when a driver cuts too close to your vehicle, and “road rage” sets in.

The roots of this case are planted in a simple street scene. A group of men were crossing the road when Alex Bernal sped around the comer in his vehicle, and had to quickly brake. Words were exchanged, threats were hurled, and moments later Bernal was dying with a knife wound to his heart.

What makes this case unusual is defense counsel’s attempt to introduce expert testimony on the sociology of poverty, and the role of honor, paternalism, and street fighters in the Hispanic culture. Although interesting, we conclude the trial court correctly decided this evidence was irrelevant to 1) whether defendant actually believed he was in imminent danger of death or great bodily injury; and 2) whether such a belief was objectively reasonable. In the words of the trial court, we are not prepared…