People v. Truong CA3

FACTS AND PROCEDURAL HISTORY

Mario Cruz was doing remodeling work on the house next door to defendant’s house. The work included clearing bushes from the front and back yards, and it appears that some debris ended up in defendant’s yard or that Cruz cut some of defendant’s bushes. According to Cruz, “I was cutting [bushes in] the backyard, and [defendant] became angry with me because . . . I cut something that was hanging on his side, the side of his house.” Cruz also testified defendant “[a]sk[ed] me why I cut the flowers and why I made that mess that fell in his backyard.” This dispute over bushes led to escalating altercations between the two men over the course of three days, and these altercations ultimately culminated in defendant shooting Cruz in the leg and the hand. The first altercation occurred on June 26, 2017, and did not turn physical. According to Cruz, defendant “just yell[ed] at me with a bad attitude.” The next day, Cruz was working in the front yard and defendant came outside and told him to stop. According to Cruz, defendant appeared like he wanted to fight, and he “was in my face,” so “I pushed him.” Defendant “stumbled back” or “sideways,” landed on his…