In re D.N. CA1/1

I. BACKGROUND

On January 13, 2013, R.B. was en route to a friend’s house to watch a football game. While waiting at a Muni train stop, he saw a person (whom R.B. later identified as D.N.) at the stop, and they both boarded the same Muni train. R.B. said the person he saw was wearing jeans, a black jacket, and a red beanie. During the ride, R.B. was using his mobile phone to check sports scores. When the train reached a stop, the person R.B. had seen while waiting for the train grabbed R.B.’s phone out of his hand and ran out of the train. R.B. chased the suspect off the train, around the back of the train, and then back toward the front. R.B. caught up with the suspect, grabbed the front of his jacket, and pulled him to the ground. At this point, R.B. saw the suspect was an African-American male, wore dreadlocks, and was smaller and younger than R.B. The suspect fell on top of R.B., and they were “chest to chest.” R.B. continued to hold onto the suspect, who hit R.B. five to 10 times in the face. R.B. fought back, hitting the suspect in the face. Two or three girls who had been on the train attempted to help the suspect by hitting R.B. People on the train and on the street…