People v. Sanders CA4/1

BACKGROUND

On the evening of July 12, 2008, Michael Martinez, Mike Majors and Tyler Tobin

left a party and walked to a gas station to buy gum and cigarettes. They encountered a

man with a skateboard. Majors or Tobin said something to the man. An argument or

altercation ensued. Sanders drove up in a white car. He stuck his head out the window

and said they should fight one-on-one. Martinez told Sanders to leave. Sanders got out

of his car and rushed toward Martinez. Sanders picked up the skateboard and swung it at

Martinez more than once. The skateboard flew out of Sanders's hands. Martinez

knocked Sanders down, picked up the skateboard and told him to get back in the car.

Sanders got in the car. Sanders's wife, the car's only other occupant, got out. Martinez

told her to get back in. When Sanders tried to get back out of the car, Martinez broke the

back window with the skateboard and told Sanders to get out. Sanders left.

Martinez rode the skateboard back to the party where he stayed outside with

Majors and Tobin. Sanders drove by in the white car, made a U-turn and drove back

toward Martinez and his friends, tires screeching. Martinez hid behind a…