People v. Martinez CA4/1

I.

FACTUAL AND PROCEDURAL BACKGROUND

On February 17, 2015, at around 9:00 p.m., in El Centro, Julio Castrejon parked

his van next to the sidewalk at his sister-in-law's apartment while his wife went upstairs

to pick up their two young children. Castrejon's daughter came down the stairs by

herself, and Castrejon got out of the van to put her in the backseat. At that point,

Castrejon saw Martinez walking on the sidewalk, coming toward the van. According to

Castrejon, as Martinez walked by the van, Martinez stated, "What you looking at, you

son of a bitch." Castrejon replied, "Calm. Just chilling." Martinez stated, "You like me

or what, you son of a bitch." Castrejon responded by waving Martinez away and stating,

"No. That's it. That's enough. Just go on." Castrejon and Martinez did not know each

other.

Castrejon saw that he was blocking someone from exiting a parking space, so he

backed up his van to let the person leave the parking space, and he then moved forward to

where he was originally positioned. As he was repositioning the van, Castrejon saw

2 Martinez in his rearview mirror making insulting and challenging gestures toward him.

After…