In re Juan A.

STATEMENT OF FACTS

The facts of this case are not seriously disputed, although the factual statement in

the respondent's brief omits a material statement of the police officer in this case in which

she explained that she never ordered the Minor to stop. We believe the statement of facts

All further statutory references are to the Penal Code unless otherwise specified. 2 in the appellant's opening brief is accurate and we set it forth here as background for the

discussion which follows.

Jason Gentile was the athletic director at King Chavez High School at 201 A

Street in downtown San Diego. Appellant came to Gentile's office whenever he "c[a]me

out of class for any reason," and Gentile felt the two had a "pretty good rapport[.]" On

June 13, 2013, Gentile was on lunch duty outside when he heard a commotion and turned

around to see the Minor being punched repeatedly by another student. The Minor did not

appear to be fighting back; he was "covering himself" in a protective position. Gentile

pulled the other student off of the Minor, took him to the main office, and then returned

for the Minor. The Minor was crying and "mad."

Inside the school…