People v. Vera CA5

FACTS

The Prosecution Case The prosecution evidence established that on July 30, 2012, Vincent Graves was working as a security guard for American A Plus Security. At approximately 8:15 p.m., Graves was on patrol at the San Ramon apartment complex in Fresno when he saw Jaime Reynaga, who was heavily intoxicated, facing and leaning against a wall. Graves approached Reynaga from Reynaga’s left side and asked if he was alright. When Reynaga “came off the wall” and turned towards him, Graves noticed Reynaga was holding a revolver in his right hand by the handle, pointing down. At that moment, Vera came through a door that leads to a parking garage, stepped between the men with his back towards Graves, and stated, “No, man, it is just a toy.”2 Vera then took Reynaga through a gate and both men left.3 Meanwhile, Graves called 911 and gave a description of both men.4 Fresno Police Officer James Young heard a dispatch about a man with a gun and responded to the area. As Officer Young travelled north on Sixth Street, he saw Vera and

All further statutory references are to the Penal Code unless otherwise indicated. It appeared to Graves that Vera was attempting to diffuse the…