P. v. Aldrete CA5
Correctional Officers Garcia, Prieto, and Dominguez reported they were on duty in the recreation yard at Kern Valley State Prison on October 29, 2021, when they observed three inmates, identified as appellant Aldrete and codefendants Jonathon Pedraza and Richard Perez, attack inmate Luis Mariscal with what appeared to be weapons. Mariscal was lying on the ground in the fetal position and covering his head. The three suspects stood over Mariscal and were repeatedly striking his face and upper torso in downward, stabbing-type motions, with what appeared to be inmate-made weapons.
The officers ordered all inmates in the yard to get down to the ground. Everyone complied except appellant, Pedraza, and Perez. The three suspects ignored the repeated orders and continued to attack Mariscal. The prison staff fired nonlethal impact rounds at the three suspects, and they finally stopped attacking Mariscal and assumed the prone position on the ground.
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