People v. Hernandez CA2/8

FACTS

A. The People’s Case In November 2013, Schooner’s Bar in Lancaster was the location of an annual unofficial reunion of past and present local residents. On November 27, the day before Thanksgiving, witness Adam Price went to Schooner’s Bar to meet with several friends, including victim Mike Massari. The bar was crowded and it took Price almost half an hour to make it through the crowd to the patio. Price first noticed defendant when defendant bumped into one of Price’s friends, Vinnie. Price and Massari were still at the bar patio at about 1:30 a.m. when “last call” was announced and bar security began herding people from the patio into the bar. In the ensuing “traffic jam,” Price was about one arm-length behind Massari. Defendant, both drunk and surly, squeezed between Price and Massari. Massari had his back to defendant when defendant “leaned into [Massari] and made a fast motion four, five times. Quick in-and-out motion four or five times.” Defendant then ran away. Massari turned around, looked at Price and asked what had happened. Price told Massari it looked like he was just stabbed. When Massari pulled up his sweatshirt, Price saw blood gushing out of a back…