P. v. Lester CA5
Two witnesses testified they heard loud noises and observed defendant and Vaielua (described in testimony as the “Hispanic” or “Mexican” man) in the street circling and going back and forth towards each other like they were going to fight. Defendant was holding a baseball bat and Vaielua was holding a long metal pole. Both witnesses saw defendant hit Vaielua with the baseball bat, causing him to fall to the ground. One witness noted defendant hit Vaielua in the head with the baseball bat. The other witness observed Vaielua raise the metal pole and swing it at defendant first. Defendant caught the pole and continued to hit Vaielua with the bat while he was on the ground.
Two video recordings of the incident from two different angles were played for the jury. Both videos show defendant and Vaielua moving around each other and going back and forth towards each other.
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