People v. Reyes CA6

I. Statement of Facts

A. Prosecution Case On October 14, 2012, two calls were made to 911 regarding an altercation at Taco Bell in downtown Santa Cruz. The first call came in at about 11:08 p.m. while the second came in at 11:12 p.m. The first call was made by one of the employees at Taco Bell. He reported that a man had been injured, was lying on the ground in the patio, and needed medical attention. He identified the victim as Norman Hughes. He described the assailant as a Caucasian male with a black hoodie and a black backpack. He also stated that the assailant was walking on Pacific Avenue towards the Metro station. The caller did not witness the incident. Officer Abraham Rodriguez was dispatched to Taco Bell around 11:00 p.m. He observed a man lying on the sidewalk at the entrance to Taco Bell. As Officer Rodriguez approached the scene, he recognized the man as Hughes. Hughes’s right eye was bleeding, and a woman was holding napkins to his face. Hughes’s backpack or bedroll and a cane were next to him. Medical personnel arrived at the scene about a minute later. Officer Rodriguez obtained statements from various witnesses, including Richard Stipe. Stipe, who was seated in…