People v. Tapia CA2/5

FACTS AND PROCEDURAL HISTORY

The Murder

At the preliminary hearing, Kevin Moran testified that he and LaGrone were talking outside a liquor store at about 1:

1 All further statutory references are to the Penal Code.

2 a.m. when a group of men including Tapia and Valenzuela approached them.2 The men said something to LaGrone and then one of them slapped him. Moran was confused and asked LaGrone what was going on. The man hit LaGrone again. As Moran started to ask what was happening a second time, Tapia ran at Moran from the side and struck Moran in the side of his face with a baseball bat. The impact knocked Moran to the ground. Valenzuela “snatched” the bat from Tapia and hit LaGrone with it, knocking LaGrone to the ground. Valenzuela struck LaGrone in the face with the baseball bat while Tapia kicked LaGrone repeatedly. Valenzuela was swinging the bat hard from above his shoulder, like he was getting ready to hit a baseball. Valenzuela hit LaGrone “repeatedly,” and “[Tapia] was constantly kicking [LaGrone] while [Valenzuela] was hitting [LaGrone] with the baseball bat.” Tapia kicked LaGrone in the face while he was just lying “unconscious” or trying to get up; Tapia kicked…