People v. Tapia CA2/5

FACTS AND PROCEDURAL HISTORY

The Murder

3 Our prior unpublished opinion in People v. Tapia (Dec. 23, 1998, B117471 (Tapia)), which is included in the appellate record, recites the facts as follows: “At about 1:30 a.m. on August 23, 1995, Kevin Moran and Norman LaGrone were talking outside a liquor store at the intersection of Anaheim and St. Louis Streets in Long Beach. [Codefendant] Valenzuela, Tapia and six to seven other Hispanic men approached Moran and LaGrone. Tapia was carrying a baseball bat. Valenzuela said “I don’t like you, motherfucker” to LaGrone. Valenzuela slapped, and then punched, LaGrone. Tapia hit Moran with the bat, knocking him to the ground. Valenzuela took the bat from Tapia and hit LaGrone with it. LaGrone fell to the ground, and Valenzuela continued to hit him with the bat, and to kick him while Tapia kicked LaGrone in the face. Moran ran for help. “Long Beach Police Officers David Hendricks and Brian Bell arrived at the scene at about 1:45 a.m. LaGrone was lying unconscious on the ground. There was blood and vomit on his face. His head was swollen to the size of a basketball. LaGrone was taken to St. Mary’s Hospital, where he died on September 25, 1995.…