People v. McRay CA4/2

FACTS

On December 21, 2011, around 5:10 p.m., Kory Harris rode his bike to the S&K

Liquor Store in Perris. In the parking lot, he saw his friend Nigel Devine and another

man. Devine was standing in a defensive posture, with his hands positioned as though he

was “getting ready to block”; the other man had a screwdriver in his hand and was

waving it around or poking it in a threatening manner. Harris parked his bike and went to

the door of the liquor store and said to the clerk, “Hey, you might want to call somebody.

Somebody’s trying to stick Nigel with a screwdriver.” When Harris turned back toward

the parking lot about 20 seconds later, he saw Devine standing with blood squirting out of

his head. The other man, whom Harris identified as defendant, was walking back to his

truck. Harris saw him get into the truck and drive away.

When law enforcement arrived, Harris told them what he had seen and gave them

a description of the truck and a few numbers from the license plate. Defendant was

stopped a short while later, and Harris identified him in a field show-up. The screwdriver

was recovered from inside the truck. The parties stipulated that blood on the blade of…