People v. Torrez CA1/5

I. FACTS AND PROCEDURAL HISTORY

Torrez was charged in Count 1 with assault with force likely to cause great bodily injury (§ 245, subd. (a)(4)) and in Count 2 with battery with serious bodily injury (§ 243, subd. (d)). As to Count 1, it was alleged that he personally inflicted great bodily injury (§ 12022.7, subd. (a)), and as to Count 2, it was alleged that he personally inflicted serious bodily injury (§ 1192.7, subd. (c)(8)). The matter proceeded to trial. A. Prosecution Case 1. Torrez’s Attack on Victim Davidson Zachary Davidson testified that he was walking on Pine Street toward Mason Street in San Francisco around 4:30 p.m. on January 26, 2020, looking down as he unwound his headphones. When he looked up, he saw a man (Torrez) 10–15 yards away, staring at him intensely. Davidson tried to walk around Torrez, but Torrez stepped in front of him, blocking his way and causing him to stop. Torrez slowly took off his jacket, put the jacket and his bag on the ground, and “siz[ed] [Davidson] up.” He then “bull-rushed” Davidson, who felt a blow to the right side of his head as he turned to get away. Torrez hit Davidson two or three more times as Davidson tried to run between parked…