People v. La Grange

GRIFFIN, P. J. Defendant-appellant Carol La Grange was charged jointly with defendants Freshour, Bradley and Vickery and each was convicted by a jury of the crime of manslaughter (viol. Pen. Code, § 192, subd. 2) in that they feloniously, without malice, killed one John Barczuk. Appellant’s motion for new trial and application for probation were denied. He, alone, appealed.

Barczuk was a coowner of the Hawaiian Village Inn in Chula Vista. On May 12, 1957, at approximately 2:00 a. m., a Mr. and Mrs. Sumrall, Mrs. Joiner and Mr. Ostberg had been inside the inn until closing time and were standing in front of the restaurant talking when Mr. Barczuk joined them. After a few minutes, a yellow Chevrolet convertible car, owned and driven by defendant Freshour, drove into the Inn parking area, near the main entrance. There were five people in the Chevrolet convertible, Mrs. La Grange was seated in the front seat next to the driver, Freshour. Vickery was on her right. Bradley was seated in the rear seat behind the driver. Apparently, La Grange was seated to his right. They had been drinking at other bars and ended up at this one just before closing time, while decedent and the customers were in conversation in the front. Mr. Ostberg was standing with his back to the parking area. Defendant driver nudged or struck his legs with the bumper of his car. He then backed up two or three feet and again came forward and hit him. Mr. Barczuk started walking toward the driver’s side of the car. About that time the doors on both sides of the car “flew open” and two male persons got out of each side. Barczuk remarked “take it easy fellows,” and one of the individuals from the ear “piled on” him. Defendant Fresh-our hit Ostberg and some man who got out of the driver’s side of the car hit Barczuk in the face. Mrs. Joiner struck defendant Freshour on the head with her purse while he was fighting with Ostberg. Vickery came over and hit her on the side of her nose and cheek. Vickery departed up an alley. Ostberg [103]came over to help Mrs. Joiner and defendant Freshour got hack into the car and suddenly drove away with Mrs. La Grange. Appellant La Grange was left there, still fighting with Barczuk. One Adamek came out of the bar, saw appellant grappling with Barczuk. He saw appellant take hold of Barczuk and push him against a planter box wall with a hard shove. Adamek then took hold of Barczuk and eased him to the ground, believing him to have been stunned or injured. Appellant ran away down the alley.

Barczuk’s face was bleeding profusely, he was bleeding from the head, and his left eye was filled with blood. His heart and pulse were beating fast. An ambulance was called, but Barczuk died on his arrival at the hospital. His body showed that his left hand had been bruised on both sides, in the palm and around the knuckle area. Gravel was in and about those bruised areas.