People v. Prado CA4/1

FACTS

In the early morning hours of May 25, 2012, a group of homeless people,

including Messrs. Monroe, Moats, Slaughter-Cook and Parker, were sleeping near the

San Diego Public Library when they were awakened by Rivas, who was mumbling to

himself and banging a stick on an iron fence across the street. Slaughter-Cook yelled at

Rivas to "shut the fuck up" and Rivas yelled back at him. Monroe, Slaughter-Cook and

Parker crossed the street and confronted Rivas, and an altercation ensued during which

Slaughter-Cook punched Rivas, causing him to fall to the ground, and the others tried to

kick and punch Rivas. He was able to get to his feet, stated "you did me dirty, I'll be

back," and left. Monroe, Slaughter-Cook and Parker then returned to their sleeping spot.

Approximately 15 minutes later, Rivas returned to the library with Prado. Parker

heard one of them say, "That's him in the white blanket," and saw Rivas and Prado (each

holding a knife in his hand) walk up to Moats and start trying to stab him through the

blanket.3 Moats got out of his blankets, screaming they had the wrong person and asking

what he had done, and Prado responded "you did something to my…