People v. Romer

81 Cal. Rptr. 2d 823 (1999)

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Nature of the Case

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Facts

D, Allen Powell, D's brother, Freddy Romero, Michael Madera, Jackie Fisher, and Caytano Robles III (Junior), crossed the street and a car came speeding around the corner. The vehicle braked quickly to allow the group to cross the street. The group, including D, angrily yelled at the driver, Alex Bernal, to slow down. Bernal stated they should move out of the way, and that he was looking for somebody. He then sped up, and D again yelled at him to slow down. Bernal pulled the car over and parked by the sidewalk. D walked across the street toward the car shouting obscenities. Junior also approached the car on the passenger side. Bernal then pushed the driver's door open with his foot and kicked toward D, who was approaching him. Bernal said he was just looking for his daughter, Carolina, but also kept stating, 'You want to fight? Come on, let's fight then.' D stated, ' 'I'll fight, I'll fight .' ' When Powell heard Bernal say he was looking for Carolina, he told the group that Bernal was Carolina's father, and to 'settle down.' Bernal then kicked off his shoes and began kicking into the air. Freddy testified that both D and Junior fought with Bernal. After Bernal attempted to kick D and Junior, D struck Bernal in the chest with his bare hand. Then, Junior hit Bernal with his fist. Bernal fell, and D started walking away. Bernal also began to walk away, however, he yelled, ' 'I'll be back.' ' D took out a knife, unfolded it, held it by the grip, and swung it twice at Bernal missing both times. After another swing, Bernal stated, ' 'I'm bleeding, you cut me.' ' Everyone then left. The group walked toward their friend's apartment and stood outside. Within 15 minutes, a police vehicle and an ambulance arrived. Officer Moniz stopped and made contact with him, a shirtless man on the street. He noticed blood spatters on a T-shirt the man was holding, and on his tennis shoes. The man identified himself as Tommy Romero and then as Tommy Munoz. Moniz noticed abrasions on his upper arms, dried blood on his left palm, and lacerations on his right hand. The man was later determined to be D and was taken to the Modesto police station. Officer Siville spoke with Bernal for over 30 minutes about who stabbed him. He was in great pain and could give no further responses before he died. D was arrested and tried for murder. During trial, D sought to enter the testimony of Jankowski, a sociology professor. It was excluded as irrelevant and inadmissible. Jankowski was an expert on street violence and Hispanic culture. D was convicted and appealed.