Givens

This is a People’s appeal from the trial court’s order dismissing two counts of assault by means of force likely to produce great bodily injury and with a deadly weapon. (Pen. Code, § 245, subd. (a).) Dismissal of the charges against respondent was a sanction for People’s alleged negligent loss or destruction of a taped interview with one of the prosecution’s witnesses. We reverse the judgment of dismissal.

Background

About 2 or 2:30 a.m. of October 21, 1981, Edgardo Penamante (Pena-mante), a mechanic for Sun Valley Auto Parts (Sun Valley) was working *398 on a Toyota pickup when he saw a Dodge van approach. Penamante drove over to investigate and a man exited from the passenger side of the van with a gun in his hand. The man pulled Penamante out of his car and dragged him by the collar toward the corner of the yard’s western gate. Someone then began hitting him over the head with a hard, gun-like object.

The manager of Sun Valley, Richard Young (Young) had been resting inside his office at this time and heard a noise. He went outside armed with a gun and looked into the Dodge van which he recognized as belonging to a co-owner of Sun Valley, Alphonse Harrison…