People v. Mills CA2/8

FACTS AND PROCEDURAL HISTORY

Appellant Kenneth Wayne Mills and victim Robert Thayer were patients and roommates at Metropolitan State Hospital in Norwalk, California. In the afternoon of March 3, 2005, appellant was talking loudly with another patient in their bedroom when Thayer told appellant to be quiet so that Thayer could sleep. Appellant responded, “Well, you mother F, I’ll get you for this. And you can’t tell me what to do.” Thayer went to the nurse’s aid station down the hall to report appellant’s threat. Thayer then returned to his room and began putting on his shoes. As he was doing so, appellant attacked him by swinging his right fist into Thayer’s left eye. Thayer believed appellant struck him with a key because he felt something penetrate his eye. Thayer immediately went to the nurse’s station and reported that appellant had hit him. Thayer’s eye injury resulted in his going blind in the eye and its surgical removal. At trial, appellant testified Thayer attacked him first and that Thayer injured his eye when he fell against the corner of a locker as they scuffled. The People charged appellant with aggravated mayhem (Pen. Code, § 205; count 1)1 and assault with a…