People v. DeAlba CA2/5

FACTS

Prosecution

In August 2011, defendant’s son and Edward Aguilar were both arrested for a narcotics-related crime. Both were convicted. Aguilar served 270 days in jail, and defendant’s son was sentenced to five years in prison.

1 All further statutory references are to the Penal Code, unless otherwise specified.

2 At around 2:30 p.m. on March 3, 2012, Aguilar was riding a bicycle, and stopped at an intersection close to a car wash. Defendant walked toward Aguilar from the car wash. Defendant threw a punch which grazed Aguilar’s face, knocking his sunglasses to the ground. Aguilar jumped behind a flower bed, out of defendant’s reach. Defendant yelled at Aguilar and asked Aguilar what happened to his son. Aguilar said they were both arrested. Defendant responded, “I’m going to fucking kill you,” and moved closer to Aguilar. Aguilar got on his bike and rode away. He could hear defendant yelling behind him. When he was about 50 yards away, he heard tires screeching behind him. He turned and saw defendant driving the car, which was an old white sedan, possibly a 1990’s Toyota Camry. Defendant turned into oncoming traffic to follow Aguilar. When Aguilar made a left turn,…