People v. Lombardo CA3

FACTS AND PROCEEDINGS

In 1996, teenagers Scott Graves and Keith Haney saw Robert Mehringer, who appeared to be intoxicated. The three stopped in front of a store, and Mehringer went inside to buy beer for them to drink under a bridge. On their way to the bridge, Mehringer called out to defendant and another man, Jason Weber, and asked them if they wanted to drink beer. While drinking the beer under the bridge, defendant told Graves they should rob Mehringer. Weber told defendant and Graves that Haney was going to hit Mehringer in the head with a bottle. Mehringer told Weber to “sit down, chill out, and drink [his] beer.” The men prepared to fight, and Weber pushed Mehringer, causing him to fall. Defendant, Haney, and Weber attacked Mehringer, kicking his face and ribs and punching his ribs. Mehringer crawled into the creek, but defendant, Weber, and Haney convinced him to come back and resume drinking. When Mehringer returned, they started beating him again. Mehringer again tried to escape into the creek, but defendant, Weber, and Haney followed him into the creek and continued to beat him. Mehringer crawled out of the water, and Haney, Weber, and defendant resumed beating him…