P. v. Keo CA2/7
Benny Hernandez was sleeping on the sidewalk when he was struck repeatedly with a metal pipe by a man he knew as “Nick.” Hernandez suffered lacerations to his head and pain in his upper torso and was transported to the hospital. Based on Hernandez’s description, police officers detained Keo in a nearby parking lot, where they also recovered a metal pipe.
After Keo was taken into custody, he was advised of his rights to remain silent, to the presence of an attorney and, if indigent, to appointed counsel (Miranda v. Arizona (1966) 384 U.S. 436 [86 S.Ct. 1602, 16 L.Ed.2d 694]). Keo agreed to be interviewed and told the officers he had beaten up Hernandez using the metal pipe found by police. At a field show-up at the hospital, Keo told Hernandez he was sorry and would make it up to him.
Keo testified at trial that he had acted in self-defense and did not understand what he was supposed to do when the officers asked him questions.
Comments on P. v. Keo CA2/7