People v. Broussard CA2/1

BACKGROUND

1. Prior incidents between defendant and victim Beginning sometime after Thanksgiving in 2011, defendant on several occasions approached, or looked for, Efraim Burgos at the residence he shared with Dorothy Sharp. Burgos, Sharp, and Sharp’s niece, Carolyn Jones, testified about these incidents, in which defendant accused Burgos of slashing the tires on defendant’s car and threatened to kill Burgos. Burgos denied slashing defendant’s tires. On one of these occasions, defendant fired two shots toward Burgos.

2 2. Incident giving rise to conviction in this case On January 24, 2012, Burgos went to a hamburger restaurant with Rosalind Banks. As they sat waiting for their food, defendant came into the restaurant carrying a bat. Defendant yelled at Burgos, then hit him with the bat in the ribs, on the shoulder, and on his legs or knee. Burgos was unarmed and did not threaten defendant or act aggressively. Defendant began to leave, but either Banks or Burgos said something to him, so he returned and struck Burgos’s head once with the bat. Burgos testified he had walked to the door of the restaurant to talk to defendant before defendant struck him, but his memory of…