People v. Torres CA2/8

FACTS AND PROCEDURE

Early in the morning on March 16, 2008, defendant was at a restaurant in Wilmington with his son and niece. The victims—Thomas Rodriguez, Ruben Saucedo, and Victor Saucedo—also were at the restaurant along with their family and friends including Antonio Saucedo. Victor Saucedo and Antonio Saucedo were cousins, and Ruben Saucedo was their friend. A bloody fight started about 2:00 a.m.; the participants hit each other with bottles. Defendant did not fight with anyone inside the restaurant. Victor Saucedo and Rodriguez fought with another party inside the restaurant. In an effort to stop the fighting, Juan Caballero, one of the restaurant owners, forced everyone outside the restaurant. Defendant went outside, holding the door open for the others to exit. Once outside, Antonio Saucedo punched defendant because he thought defendant was reaching for something. Defendant fell to the ground. Rodriguez may have challenged defendant by putting his hands out suggesting he wanted to fight. Victor Saucedo may have kicked defendant, but Victor testified that although he appeared in a videotape to be kicking defendant he believed he was falling. When defendant and the…