People v. Garcia

LILLIE, J. Defendant was convicted of assault with a deadly weapon (§ 245, Pen. Code) ; he appeals from the judgment.

Unable to sleep, Joe Godiness frequently walks at night; around 3 a.m. on July 7, 1968, he was walking in front of his residence when he saw defendant walk across the street; defendant appeared to have been drinking but “was not falling all over himself” and was able to think rationally; he conversed with defendant and scolded him because someone had told him defendant had “dirtied” his car; defendant denied he had done so and challenged him to a fight but Godiness refused and defendant departed. About half an hour later, while Godiness was still walking in front of his house, defendant approached him carrying a bow and arrow; defendant “was pointing it [arrow] at [him].” Because half an hour earlier defendant wanted to fight him and he saw defendant-approach with a bow and the arrow pointed at him, Godiness hit and kicked him in an effort to disarm him at which time defendant shot Godiness in the right arm; with the arrow stuck “clean through” his arm, Godiness picked up a wooden bed slat about 3 feet long and disarmed defendant taking his bow and a second arrow which he was afraid defendant might also use on him. During the time Godiness tried to disarm defendant, defendant remained on his feet and at no time fell to the ground. Godiness went into his house, broke the arrow and pulled it out of his shoulder.

Around 5 :20 a.m. Officers Beño and Sullenger, driving on 8th Street, saw defendant walk quickly and erratically carrying a garden hoe in the direction of Godiness’ residence; he appeared to have been drinking and his right pants leg was tom at the knee; while interviewing defendant Godiness’ son came up and the four of them went to his residence where they found Godiness with a severe wound going from the front through to the other side of his body in the area of the right arm and shoulder; Godiness gave the officers a bow and two arrows, one broken with wet blood stains on it; defendant was then arrested and after being advised of his eonstitu[520]tional rights told the officers he was carrying the hoe because he “was going back with the hoe to take care of Mr. Godiness.” He did not tell the officers he had been attacked first by two men with boards.

Defendant testified he was on his way home from seeing a girl when he saw Godiness. and said hello, but Godiness pushed him away, then accused him of doing something to his car; when he denied this, Godiness became angry; after Godiness calmed down he left saying he would be back; he was not angry but intended to return to try to sell Godiness a bow and arrows; when he returned with the bow and arrows he was attacked with boards by Godiness and another man whom he could not identify; they knocked him down on the ground and he could not get up but when he was trying to get back on his feet he jabbed. Godiness with a forward thrust of the arrow; at the time lie was detained by the officers he was returning to Godiness’ residence with the hoe because he was then very angry.