Aaron
Aaron v. Gastelo
Opinion
Trial Court Opinion
I. BACKGROUND
1 Aaron’s convictions stemmed from three incidents on two different dates. The following facts, presumed to be correct under 28 U.S.C. § 2254(e), are excerpted from the Court of Appeal of California's decision. See Brown v. Horell, 644 F.3d 969, 972 (9th Cir. 2011) 5 A. Assault and Robbery—December 2013 (“robbery”) 6 On December 17, 2013, 74-year-old Everildo Argueta was exiting the bathroom of a park near Antioch. Aaron walked up to him and punched him in the face and then in the stomach. Argueta was knocked to the ground where he hit his head on the pavement. Aaron searched through Argueta’s pockets, took $50 from him, and left. Argueta had never met Aaron and had no idea 9 why Aaron attacked him. 10 Meanwhile, Norman Cruz and Armando Cardona were driving by the park and witnessed the crime. They stopped the car to help Argueta, but by the time they reached him, Aaron was gone. Cruz and Cardona helped Argueta, the three of them entered the car, and circled the block, looking for Aaron. Cruz called the police, then got out of the car and began looking for Aaron. 13 He briefly spotted him coming…