People v. Irving CA4/3

FACTS

Just before midnight, Antonio Maldonado was walking with his brother-in- law, Edgar Cantoran, on Market Street in downtown San Jose near the convention center. Cantoran was on his cell phone but ended the call when they approached the intersection. The intersection was well lit and visibility was excellent. They pressed the pedestrian crosswalk button and began crossing the street. Cantoran initially said they entered the intersection when the red hand signaling do not walk was flashing (too early) and then said they were in the crosswalk when the red hand signaling do not walk started flashing (too late). They were in the middle of the crosswalk when Maldonado heard Irving’s car approaching “really fast.” Maldonado, who was a couple of steps behind Cantoran, retreated toward the sidewalk, but Cantoran ran toward the opposite side of the street. Irving’s Jetta hit Cantoran. Maldonado ran to Irving and punched him. Maldonado tried to talk to Cantoran, but he was unconscious and seizing. Emergency response personnel arrived and took Cantoran to the hospital. Inside Irving’s vehicle, police officers located an open container of alcohol, cannabis substances, and cannabis…