People v. Bartholomaus CA4/2

FACTS AND PROCEDURAL HISTORY

One afternoon in September 1992, Roberto Martinez drove his wife, who was in

labor, to a hospital emergency room. Martinez’s adult sister was in the backseat with

Martinez’s pregnant wife; Martinez’s two-year-old child was in the front seat of

Martinez’s vehicle. Martinez was driving a borrowed Plymouth station wagon.

Martinez drove into the hospital driveway, approaching the emergency room

entrance. He saw a truck backing up toward him, and he honked his horn and swerved to

avoid a collision. Martinez proceeded to the emergency room entrance to the hospital

and stopped his vehicle. Codefendant Capper, who had been a passenger in the truck,

alighted from the truck and went up to Martinez’s vehicle. He yelled at Martinez and

banged on the roof of the station wagon above Martinez’s driver’s seat. At the same

time, defendant, who had been driving the truck, also got out of the truck and tried to

block Martinez’s wife from getting out of the station wagon.

After a short delay, Martinez’s sister and his wife were able to get out of the

station wagon and enter the hospital emergency room. Martinez drove away from the

emergency room entrance,…