Conviction upheld for man who attacked uncle with pickax
An appeals court today upheld the assault with a deadly weapon conviction of an Indio man accused of attacking his uncle with a pickax.
Juan Francisco Ochoa was convicted earlier this year for the April 2017 attack outside the defendant’s workplace, where he worked for the victim.
Jurors acquitted Ochoa of an attempted murder charge, but found him guilty of assault with a deadly weapon, plus a misdemeanor battery count.
Ochoa, who was employed as a handyman at his uncle’s workplace, confronted his uncle in the victim’s office for money he believed he was owed. After receiving a $200 check from his uncle, Ochoa said he needed more money due to missing tools, according to prosecutors.
An argument ensued, leading Ochoa to punch his uncle in the head, triggering a fight that spilled outside the building, a prosecutor’s trial brief states.
During the fight, Ochoa retrieved a pickax from his car, raised it above his head and charged his uncle, who tackled Ochoa to the ground, prosecutors said. However, the victim was grazed in the head in the process, leading him to receive seven stitches.
Ochoa was sentenced to nine years in state prison this April.
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