People v. Galindo CA5

INTRODUCTION

On March 8, 2012, defendant Oscar Galindo, a previously convicted felon, was involved in two fist fights. The first fight occurred with a group of juveniles on defendant’s property. The second fight occurred approximately 18 minutes later at the residence of the juvenile who was defendant’s primary adversary. Defendant was rendered unconscious after the second fight. Soon after regaining consciousness, defendant fled to a friend’s house where he retrieved his friend’s sawed-off shotgun for protection. A short time later, defendant returned home and discovered a door to his shed had been kicked in. Believing the same juveniles were responsible and afraid he might be attacked again at home, defendant walked towards the juvenile’s residence with the shotgun. In view of that residence, but without seeing anyone in the yard, defendant fired the shotgun at least twice towards the ground in an effort to frighten his attackers. Law enforcement responded to the scene and defendant saw a sheriff’s deputy so he threw the shotgun and fled. Defendant was arrested shortly thereafter. On May 7, 2012, the Kern County District Attorney filed an information alleging the following:…