People v. McGrane CA4/3

FACTS

Pazder’s Preliminary Hearing Testimony At the preliminary hearing, then 73-year-old Pazder testified to the following: Around 5:45 a.m. one Sunday, she was in her wheelchair inside a post office building waiting for her bus. A man she had previously talked to came into the building to retrieve his mail. He left and was getting into his car when a second man, who looked angry, walked partway in and then back out. Pazder had seen the second man before, both on the street collecting cans and in the bus pavilion. After the second man left, Pazder stood up and started preparing her wheelchair for the bus. Without saying anything, a man came up behind her, hooked his arm around her neck, and pulled her head back. She believed he was wearing something slick. The man struck her with something in his left hand. Her lip was cut and she bled “all over the place.” At that point, the man released her and left the building. She turned around, but did not see him leave. Pazder called 911 and gave a statement to the responding officer. She described the man as angry, and about the same height and build as the officer, with clean clothes in the form of, “plain old pants and a T-shirt.”…