People v. Garcia CA2/2

FACTS

Prosecution Evidence Testimony of Joseph Sanchez Late on the night of September 23, 2012, Joseph Sanchez was riding his bicycle on Western Avenue in Torrance. As he rode past a gas station at Western Avenue and 227th Street, defendant yelled at him, asking him “where [he was] from.” Sanchez believed that defendant was asking him what gang he was from, and he responded, “I don’t bang,” meaning he was not affiliated with a gang. Sanchez pedaled faster, trying to ride away, but defendant followed him in his car. Defendant drove with his car lights off, talking to Sanchez as he drove next to him. Sanchez turned onto side streets, hoping to lose

All further statutory references are to the Penal Code unless stated otherwise.

2 defendant, but defendant continued to follow him. Sanchez rode back onto Western Avenue and crossed over the center divider. Defendant then made a U-turn on Western Avenue, came up behind Sanchez, and clipped his rear tire, causing the tire to pop and Sanchez to fall on the ground. Defendant got out of the car and said, “I’m gonna kill you,” and “I’m gonna blow your brains all over this floor.” Sanchez replied, “Take whatever you want,” and offered…