People v. Robinson CA2/8

FACTS

William and James Robinson1 ate dinner at a Denny’s in Lancaster on November 29, 2010. At the time, James was 67 years old. William is his youngest son. During dinner, William appeared to be “his usual self” and did not appear agitated or angry. Near the end of dinner, however, William became agitated when his father asked him whether he had finished his food. James responded in Spanish and his father asked him to speak in English. William then began to punch his father with a closed fist on the side of the head just above the ear. James’ glasses were knocked off and his nose was cut. He suffered from swelling and a hematoma on the right side of his head. He also experienced chest pain, which stopped half an hour after the incident. Due to his heart condition, however, James was admitted into the hospital for three days for observation. Frank Salazar was at the restaurant with his family that day when he heard William hit his father. Salazar and several other patrons attempted to stop William. In response, William swung at them and yelled profanities. William hit Salazar on the top of his head and Salazar hit him back. James asked a waitress to call the police. Just before…