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. The videos show Vaielua moving toward defendant, then defendant hitting him on or near his head with the baseball bat, and Vaielua falling to the ground. The videos also show defendant hitting Vaielua again while Vaielua was lying on the ground. Once defendant started hitting Vaielua, witnesses in their vehicles honked their horns and moved forward towards defendant, who stopped.
Vaielua explained that on the day of the incident he was living in a handmade hut, which defendant came over to and destroyed with a bat. Vaielua did not know defendant prior to this incident, never did anything to defendant, and did not know why defendant destroyed his home. When Vaielua told defendant to stop, he did not stop, but instead showed Vaielua his bat like he was going to hit him. Vaielua found a steel pole and picked it up to defend himself. Vaielua then chased defendant down the road for two to five blocks. Vaielua stated he was following defendant because defendant still had the bat and Vaielua was looking for people to call the police; he did not want defendant to hit somebody or to destroy someone else’s hut. Vaielua testified that he did not start the fight. Vaielua admitted that he swung the metal pole at defendant, but stated that it was not to hit him, but to block him and keep him away. According to Vaielua, defendant hit him first, which he blocked with his pole; but the second time defendant hit him, Vaielua fell to the ground.
Vaielua stated he was injured as a result of this incident. He received three separate injuries to his head from being hit by defendant with the bat. Vaielua is now paralyzed on his right side and requires the use of a wheelchair. Vaielua also suffers back pain and groin and leg pain, which he did not have before the incident. At the time of trial, Vaielua was still at the hospital, where he was receiving physical therapy to help him walk.
Defense evidence
Defendant testified with the assistance of two sign language interpreters. Defendant stated, on the day of the incident, he rode his bicycle to a store and locked it outside with a chain. When he came out of the store, he saw two men, one Mexican and one Black, standing next to his bike. He saw one of them cut the chain on his bike. Defendant followed the two men as they walked away with his bicycle. When he caught up with them, defendant confronted them about his bicycle and tried to take it back, but the Mexican man hit his shoulder with a knife. Defendant said he could not see what the two men were doing because they were blocking him, but he believed it involved drugs. Defendant tried to grab his bicycle, but they pushed him away and the Black man left with his bicycle.
According to defendant, the Mexican man (Vaielua) began facing off with him; moving whenever defendant moved. Vaielua picked up a metal pole and started following him. Because Vaielua had a metal pole, defendant picked up a baseball bat he saw laying around so they would be evenly matched. Defendant left the area, but Vaielua kept coming after him. According to defendant, he was afraid Vaielua was going to try to kill him. Defendant testified Vaielua attacked
