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BACKGROUND

David Eid was driving on West Capitol Avenue in West Sacramento around 3:00 a.m. on January 21, 2009, when he saw two Hispanic males beating a man. Jacques Harpst was the victim. At first Harpst was on his feet and the attackers were “swinging on him.” But after Eid drove past the group, he looked in his rearview mirror and saw Harpst go down on his back and stop moving. One of the attackers stood at Harpst‟s head and struck Harpst on the head and chest; the other attacker stood at Harpst‟s feet and kicked Harpst. Eid made a U-turn and stopped his vehicle across from the attackers. The attackers paused, one of them looked up, but then both resumed beating Harpst, “wailing on him pretty good again.” According to Eid, the attacker standing over Harpst‟s head hit Harpst a lot harder than the second attacker, delivering rapid blows to Harpst‟s head and kicking Harpst. The second attacker stood back and kicked and stomped on Harpst hard. It appeared to Eid that the attackers “were having a good time.” Eid never saw Harpst fight his attackers or defend himself. Eid drove and revved his engine but the attackers continued hitting Harpst. Eid then stopped his truck in front of…