People v. Avalos CA2/1

BACKGROUND

On May 28, 2012, the date of the incident, Avalos and victim Oscar David Parada were neighbors at an apartment complex in Montebello. The other victim, Oscar Soto, was visiting Parada at his apartment that evening. Soto parked his car in a garage downstairs from Parada’s apartment. Around 11:00 p.m., when Soto was ready to leave, his car would not start because the battery was dead. He and Parada pushed the car partway out of the garage so they could jumpstart it. At that point, Avalos drove into the driveway and parked. He was with another man. Avalos could not park the vehicle in the assigned space for his apartment because there was a Jeep blocking the space. Parada’s girlfriend’s father, who lived with Parada,

1 Further statutory references are to the Penal Code.

2 drove a Jeep. Avalos exited the vehicle, approached Parada, snapped his fingers, and said, “‘Hey, David.’” When Parada responded, Avalos asked Parada if the Jeep blocking the parking space belonged to Parada’s girlfriend’s father. Parada pointed out his girlfriend’s father’s Jeep was parked inside the garage in their assigned parking space. Avalos walked back toward the Jeep which was blocking his…