People v. Santana CA2/1

BACKGROUND

A. Factual Summary On December 3, 2009, at approximately 5:00 p.m., Antonio, his son, Jose, and his three-year-old daughter, were in the front yard of their house in Norwalk. Antonio was setting up Christmas decorations. Santana, who wore a backpack and was holding paperwork, approached Antonio and asked him for a donation for college. Neither Antonio nor Jose had ever seen Santana before. Antonio took $5 from his pocket and gave it to Santana. Santana handed Antonio the packet of paperwork to fill out, and Antonio wrote his name, the amount he had given, and a telephone number on the paperwork. Antonio returned the paperwork to Santana, who thanked him and stated that no one else had helped him yet. Santana asked Antonio for a glass of water. Antonio went inside the house and got a glass of water. Antonio could not recall whether he locked the security screen door behind him. When Antonio emerged from the house with the water, Santana was on the porch, near the door, and Antonio saw that Santana held a gun. Antonio went towards Santana to tackle him because Antonio feared Santana would shoot his children. As Antonio

3 exited the house, Santana outstretched his…