In re A.J. CA2/6

Filed 11/23/22 In re A.J. CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

In re A.J., a Person Coming 2d Juv. No. B317007 Under the Juvenile Court Law. (Super. Ct. No. PJ53099) (Los Angeles County)

THE PEOPLE,

Plaintiff and Respondent,

v.

A.J.,

Defendant and Appellant.

The juvenile court ordered A.J. committed to the custody and care of the Division of Juvenile Justice (DJJ) after sustaining allegations that he committed first degree murder (Pen. Code, §§ 187, subd. (a), 189, subd. (a)) and assault with force likely to cause great bodily injury (Pen. Code, § 245, subd. (a)(4)). A.J. contends: (1) the murder finding should be vacated because his actions did not cause the victim’s death, and (2) there was

insufficient evidence that he would benefit from a DJJ commitment. We affirm. FACTUAL AND PROCEDURAL HISTORY O.G.’s murder Around 3:00 a.m. on June 20, 2019, O.G. lay down in a Los Angeles park. A few hours later, A.J. approached O.G. and stabbed him in the abdomen approximately 13 times. Police responded and took O.G. to the hospital, where he underwent surgery. Over the next three days, nursing staff reported that O.G. had a distended abdomen and decreased bowel sounds. These were signs of an ileus, a condition in which the bowel stops moving. Staff nevertheless advanced O.G.’s diet from liquids to pureed foods. O.G. began vomiting on June 24. Hospital staff performed an X-ray and discovered an ileus. Upon this discovery, they stopped O.G.’s oral intake, but he continued vomiting. He inhaled some of the vomit and went into cardiac arrest. O.G. died the next day. Dr. Scott Luzi performed an autopsy on O.G. He testified that O.G. suffered two stab wounds, each of which penetrated the bowel and eventually led to his death. Other factors that may have contributed to O.G.’s death included hypertension, cardiovascular disease, and cirrhosis. But the stab wounds were the proximate cause of death: O.G. lost blood from the wounds, which stressed his heart and liver; then “his system started to fail, and from that he died.” As to the ileus, Dr. Luzi said that developed either when A.J. stabbed him or during surgery. The stab wounds caused it either way.