People v. Carbajal CA1/1

I. BACKGROUND

A. The Prison Riot On the morning of May 24, 2017, two inmates began punching each other in the upper head and torso on the general population yard at Pelican Bay State Prison. When the fight began, there were approximately 300 inmates on three adjacent yards. The yards are known as “1 Yard,” “2 Yard,” and “3 Yard”; the fight was taking place on 3 Yard. Multiple correctional officers called for the two inmates to “get down.” All of the inmates went into a prone position except for the two combatants, who continued fighting. When the combatants disobeyed orders to get down, a control booth officer fired a hard sponge round from his 40-millimeter

2In a related petition for writ of habeas corpus (case No. A163179), defendant argues the trial court erred in denying his requests for experts necessary to his defense, trial counsel provided ineffective assistance, and he was convicted based on false evidence. We deny the petition today by separate order.

2 launcher striking one of the inmates in the back thigh. Officers fired oleoresin capsicum pepper spray (O.C. pepper spray or pepper spray) grenades near the two fighting inmates, and then struck them on the legs,…