People v. Myers

Opinion

BUCKLEY, J.

This case arose under unusual and tragic circumstances. During a relatively minor confrontation between Thomas Myers, Jr., and George Staley, Staley fell to the ground and struck his head on the concrete pavement. The impact fractured his skull and left him with serious and permanent neurological injuries. There was conflicting testimony about what caused Staley to fall. On the theory that Myers attacked Staley without provocation and knocked him unconscious with a punch in the nose, Myers was charged with assault by means of force likely to produce great bodily injury (Pen.…