Thursday, October 20, 2016

People v. Reyes-Tornero (Cal. Ct. App. - Oct. 19, 2016)

From this opinion:

"For years leading up to December 4, 2010, Nazario Hernandez had hosted card games at his home about three times a week."

That's nice.  A friendly little neighborhood card game.  (Now, to me, three times a week seems a bit excessive.  But who am I to judge?)

"One of these card games took place outside Nazario’s trailer on December 4, 2010. In attendance at the outdoor card game were Jose Ramos, Efren Cisneros, Ignacio Martinez, and Nazario Hernandez. Other individuals were playing another card game inside the trailer.  Around 8:00 or 8:30 p.m., Efren first noticed a man about three or four feet from the card table. Nazario was walking towards his trailer when the man 'asked' for his money. Nazario thought the man was 'playing' and 'didn’t pay any attention.'"

You might be thinking:  "Yeah, I don't think he's 'playing'."  You'd be right.

"Then, the man came to where Efren was playing cards with Jose and Ignacio. The man had a gun and was covering his “head” with his sweatshirt. The man fired a warning shot at the ground, then threatened Jose and Ignacio with the gun by “put[ting] it behind them or on their head.” The man told them, in Spanish, that he wanted their money. There was about $250 or $300 from the card game on the table. Jose and Ignacio said they would give him the money, but refused to give him their wallets."

Hmmm.  That's an interesting strategy.  Why give the man the money but not your wallet?  I could see (maybe) if what he wanted was a wedding ring, or something else with sentimental value.  But money is money, no?

Now, personally, once the guy fires a warning shot, any reluctance to part with my wallet would be gone.  But I guess these folks had a theory.

"The man then came towards Efren and pointed the gun at him. Efren also told the man that he could have the money but not his wallet. The man shot Efren below his right eye, next to his nose. Efren “guess[ed] he got frustrated from what I was saying so then I turned around and that is when I was shot….” Efren then got up and tried to grab the man. During the short struggle, the man’s face became uncovered and Efren got a good look at him. The man then shot Efren three more times. Efren saw the man take the money that had been on the table and left."

Shot right below the right eye?!  Then three more times?!  That "take the money but not my wallet" strategy definitely did not work out very well.

"Efren then drove himself to the hospital."

Now that's pretty hard core.