People v. Bertran CA2/2

FACTS

Prosecution Evidence Narek Manukyan (Manukyan) testified that he drove home from work at about 4:00 p.m. on March 28, 2014, parked and heard loud cursing. He noticed Bertran sitting on the stairs in front of a building across the street. Bertran was holding a 40-ounce beer bottle that was 75 percent full. Manukyan walked to within five to seven feet of Bertran to say hello and introduce himself, and to offer assistance. In response, Bertran asked if Manukyan was “Armenian or some shit.” Bertran stood up and wobbled, as though intoxicated. Manukyan offered Bertran a cigarette, who said, “I don’t want your shit.” But then Bertran tried to snatch the pack away, and Manukyan had to pull it back. At that point, Manukyan was concerned for his safety, so he turned around and walked away. Something hit the right side of Manukyan’s forehead, and he fell. He noticed that he was bleeding from a head wound; he saw shards of glass on the ground and smelled beer. Manukyan did not have a weapon. According to Manukyan, he turned over onto his back to see Bertran yelling at him from two to three feet away. Manukyan got up. Bertran approached as though trying to fight, so Manukyan held out a…