A 19-year-old man has been sentenced to a year in jail for beating a great-grandfather with an aluminum bat when the senior citizen tripped and fell on top of the suspect’s car.
Samuel Elijah Alvarez was also placed on five years of formal probation after he entered his guilty plea.
Alvarez, who was initially charged with attempted murder, had the felony dropped in April after a preliminary hearing.
Judge Kathleen Roberts dismissed the attempted murder count, which included a sentence-enhancing allegation of premeditation and deliberation, which would have mandated a life sentence.
The Santa Ana resident pleaded guilty Friday to assault with a deadly weapon and battery with serious bodily injury, both felonies. He also admitted a misdemeanor charge of possessing a deadly weapon.
Sentencing enhancement allegations for personally using a deadly weapon were dismissed along with a felony count of inflicting injury on an elder adult.
Alvarez’s attorney, Michael Garey, said video of the assault was shown to the judge multiple times during the preliminary hearing in April.
The Feb. 7 attack on the 71-year-old victim took place at a 76 gas station at 4502 Westminster Ave. about 7:25 p.m.
As he was walking out of the station, Jose Chacon of Santa Ana tripped and fell on top of Alvarez’s car, Santa Ana police Cpl. Anthony Bertagna said.
Alvarez got out of the car and the pair argued. He then grabbed an aluminum bat out of his vehicle and began charging at Chacon, who went to get a small pipe out of his truck to protect himself, according to police and prosecutors.
When Alvarez raised the bat in a threatening manner, the victim swung the pipe at the defendant, but missed, prosecutors said. The defendant struck the victim with the bat on his body and then slammed it on his head, causing him to fall down.
Prosecutors said the victim suffered three jaw fractures that required him to undergo surgery and have his mouth wired shut, along with four loosened teeth, bruises to his left arm and scrapes to his hand.
His daughter said he also required stitches in his face, which was so severely bruised as to make him unrecognizable.
— City News Service