People v. Torres CA1/1

I. STATEMENT OF FACTS AND PROCEDURAL BACKGROUND

The following factual summary is taken from a Sonoma County Sheriff’s Office investigation report received into evidence at the restitution hearing. On November 4, 2013, at approximately 8:00 a.m., Jason Passalacqua arrived at the residence owned by his father, Thomas Passalacqua,1 located on Mill Creek Road, to

1 To avoid confusion, we refer to Thomas and Jason Passalacqua by their first names. compile a list of repairs to be completed before renting the house. In addition to the house, a garage and a large barn just south of the house were located on the property. When Jason arrived at the house, he entered through the front door which is always left unlocked. Shortly thereafter, he heard the sound of a car door closing and an engine starting up at the back of the house. Jason was concerned because the house had been burglarized several weeks earlier. He left through the front door, placed his dog in his truck, and grabbed his hunting shotgun. He then walked around the south side of the residence to the back where he saw defendant standing next to the driver’s door of a grey Chevrolet S-19 pickup and another individual, Jason…