People v. Salter CA2/8

FACTS

At about 2:30 in the morning on February 21, 2013, Juan Contreras was walking home from work along 7th Street and turned left onto Broadway. Mr. Contreras had his cell phone in his hand and was putting on headphones at the time. Because of construction, the sidewalk was partially enclosed by scaffolding and plywood that created a narrow passage-way about two and one-half feet wide and six feet long. Before Contreras reached the scaffolded passageway, he paused to allow two males, later identified as Salter and codefendant Rafael Madrid, to pass him.2 The two men were walking side-by-side toward Contreras and the passageway was too narrow for all three men to fit. Instead of passing Contreras, Salter and Madrid stopped within one foot of Contreras. Contreras had his back against the wall and he could see Broadway and 7th streets. Salter’s back and Madrid’s back were toward the street. Madrid said, “What’s up with you?” and pulled out what Mr. Contreras thought was a knife. When Contreras did not respond, Mr. Madrid demanded, “You don’t hear me? Give me your phone.” Madrid thrust the object that Contreras believed to be a knife upwards two times. Salter remained side-by-side…