People v. Shakir CA2/6

FACTS

Ruben Rodriguez and his family lived in an apartment which was above the apartment where Shakir resided. Shakir complained to Rodriguez on many occasions

1 All statutory references are to the Penal Code. about the noise Rodriguez’s son was making in the upper unit. Rodriguez told Shakir, “[M]y son he’s autistic and I cannot stop him from walking around in the apartment. There’s nothing I can do . . . .” On the evening of October 18, 2013, Shakir had a fight with Anthony, the nephew of Rodriguez’s wife. Rodriguez saw the fight. He heard his wife telling Shakir and Anthony to “[s]top, stop.” Rodriguez went downstairs and physically “separate[d]” Shakir and Anthony. Later that evening Rodriguez and his friend Wilson Lopez were sitting on a bench in front of the apartment building. Shakir and “his friends” suddenly approached from “the side of the building.” Shakir pointed in the direction of Rodriguez and Lopez and said they were “the guys that were messing with [him].” Rodriguez testified that after Shakir’s remark, “[t]hey just start[ed] hitting us.” Lopez testified that Shakir pointed in their direction and said “it’s them” before Shakir and his companions “started…