People v. Pastor CA2/1

BACKGROUND

An information filed January 17, 2013 charged Pastor with one count of assault by means likely to produce great bodily injury on Henry Escobedo, in violation of section 245, subdivision (a)(4), with an allegation of personal infliction of great bodily injury; and one count of assault by means likely to produce great bodily injury, also in violation of section 245, subdivision (a)(4), on Yelina Harodehinojosa. Pastor pleaded not guilty and denied the allegation. Pastor and his codefendants John Pastor and Jesse Castillo agreed to a court trial on September 3, 2013. At trial, victim Escobedo testified that on July 22, 2012, he went to a barbecue at the house of his neighbor across the street, John Pastor,2 defendant Pastor’s brother. He arrived at around 7:30 p.m. or 8:00 p.m. on his way back from a baseball game. Escobedo’s girlfriend, victim Yelina Harodehinojosa, was already at the barbecue. Escobedo entered the house and then went into the backyard, grabbed something to eat, and hung out in the backyard with Yelina and other guests. He had two full cups of wine or other alcohol, and Yelina was drinking too. Pastor’s and John’s sister, Stacy Nerge, and her boyfriend…