People v. Herrera CA3

FACTS

At California State Prison, Sacramento on September 7, 2010, two “northern Hispanic inmates,” defendant and codefendant Michael Rodriguez, got into a fight with an African American inmate, Phaynes Reeda. Correctional officers saw defendant and Rodriguez punching Reeda and “getting the better” of him in the fight. Reeda was “covered in blood,” with blood on his neck and back, and “there was a puddle below his feet.” Defendant and Rodriguez were the aggressors in the fight, lunging toward Reeda as he backed away. Officers did not see anything in defendant’s hands. Defendant and Rodriguez were told repeatedly to get down on the ground. Officers used pepper spray and a nonlethal 40-millimeter baton round before the duo went to the ground. As the fighting stopped and defendant started to get on the ground, he made a throwing motion and one or two weapons landed on the floor in front of a cell. Two prison-made weapons were found on the floor near the cell. One weapon bore a

2 Counts two and four alleged the same two offenses against codefendant Michael Rodriguez. During jury selection, Rodriguez pleaded no contest to possessing a sharp instrument while confined in prison.

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