People v. Tarver

Opinion

NEWSOM, Acting P. J.

Appellant was convicted of battery resulting in serious injury (Pen. Code §§ 242 and 243, subd. (d)), for inflicting a brutal and cowardly beating upon a man considerably smaller and 25 or 30 years older than himself. The victim of the battery was Roy Hunt, who, on the evening of August 31, 1989, “had a barbeque” at his house with Linda Graves and appellant. Graves was at that time renting an “extra bedroom” from Hunt, although she was preparing to move to another location. She had previously been, but apparently was no longer, appellant’s girlfriend.

After eating dinner and drinking beer, Hunt, appellant and Graves visited the home of Jeannine Lorenz in the City of Clearlake. They appeared to Lorenz to be intoxicated when they arrived. Appellant and Hunt were disturbing Lorenz with their loud discussion, so at her request they went outside.

Hunt testified that he and appellant then stood by his truck and talked about Graves’s relationships with Hunt and another man named “Ray,”

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about which appellant expressed disapproval. Appellant also accused Hunt of providing drugs to Graves, a charge Hunt denied. Hunt told him “it was up to Linda what she wanted to do with her own life.” He then said he “was going to go home and go to bed . . . ,” and walked “towards the house.” His next recollection was of awakening in the hospital with serious injuries to his face, including multiple facial fractures, two broken lower teeth, a fractured jaw which was no longer connected to the rest of the skull, as well as severe bruises and cuts.

Jeannine Lorenz testified that after Hunt and appellant left the house, only appellant returned. He had blood on his hands, and no longer seemed drunk. He told Graves “to go outside and look at her boyfriend. And that she wouldn’t like that, what she’ll see.” Hunt was found outside on the ground, unconscious, and “beaten up badly in the face.” When Graves tried to comfort Hunt, appellant warned her to “step away” “or he would hit him again.” Graves did not immediately move, so appellant struck the unconscious Hunt once more in the face with his fist.

Later that night, Sergeant Gary Dick of the Clearlake Police Department spoke with appellant by telephone. The conversation was recorded and played for the jury. Appellant admitted hitting Hunt three or four times, but claimed that a week before Hunt had threatened him with a gun. Appellant also said Hunt threatened to shoot him again on the night of the assault, although appellant did not see the victim in possession of a gun.