People v. Zamudio CA4/3

FACTS

Prosecution Evidence In 2011, then 47-year-old Rios lived in the converted, detached garage of Don Murphy’s Buena Park home. Spinal injuries forced Rios to walk with a cane. Defendant, then a student in his early 20’s, lived in Victorville. Defendant met Rios through a mutual friend. a. 911 call At 3:30 a.m. on December 14, defendant made a 911 call. Defendant gave Murphy’s address in Buena Park and said Rios assaulted him. Defendant stated, “I had . . . [¶] . . . to act in self defense . . . [¶] . . . because I was gonna get stabbed . . . .” Defendant described Rios as a friend. Defendant also said he was scared because Rios was “going hysterical.” He told the operator he “pushed [Rios] to the floor and I hit a couple . . . .” The operator asked defendant if he had been hurt. Defendant responded he was not seriously injured and did not need emergency help. Defendant told the 911 operator Rios had recently been in a mental hospital. He also said Rios had been taking Norco and drinking alcohol. Defendant complained he went to Rios’s home to help him, but “he ends up attacking me . . . I regret that I had to attack him back.” Defendant said Rios had a couple of Samurai swords…