DALY CITY (CBS SF) — A Daly City man was convicted of felony assault Friday for beating up another man who insulted his music as the two smoked a joint together in June, according to the San Mateo County District Attorney’s Office.
Edwin Rodriguez, 32, was outside his house at about 4:30 p.m. on June 23 when the 19-year-old victim walked by. They had a brief conversation and Rodriguez asked the victim to roll a joint with him, prosecutors said.
They sat on the front steps of Rodriguez’s house together smoking the joint and listening to music but the 19-year-old told Rodriguez his music was “crazy,” according to prosecutors.
Rodriguez was insulted by the comment and punched the man in the face, knocking him down the steps. He went down the steps, punched the victim several more times, then gave him a hit from the joint and sent him home, prosecutors said.
The 19-year-old walked home and fell asleep. About three hours later a friend came over, saw his injuries and called 911. He went to the hospital and had two serious fractures in his nose area, according to prosecutors.
The injuries were so severe he still can’t breathe through his nose and gets migraines, according to prosecutors.
During the two-week trial, Rodriguez’s defense attorney argued that he didn’t punch the victim, who fell downstairs because he was drunk. But a jury found Friday that Rodriguez was guilty of felony assault and battery inflicting great bodily injury.
Because of prior convictions, Rodriguez could face up to 11 years in prison when he’s sentenced on Dec. 18, prosecutors said. He remains in custody on $100,000 bail.
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