A state appeals court panel has reversed a first-degree murder conviction stemming from a 2022 killing in North Park.
A jury convicted Alberto Barraza last year of fatally stabbing 23-year-old Nikko Guardado. A judge sentenced him to 26 years to life.
But a three-judge panel found Wednesday that the stabbing was more like an assault with a deadly weapon, not a killing that occurred during the commission of a robbery, which means it can not be considered under the state’s felony murder rule.
The panel parsed whether cutting off someone’s hair counts as robbery.
On March 26, 2022, Guardado was sleeping in a parked car outside an apartment on Bancroft Street. Barraza entered the car, allegedly intending to cut off Guardado’s ponytail.
Guardado was Native American and had long hair.
In many indigenous cultures, long hair is an important spiritual and tribal heritage marker. In addition, Indian boarding schools frequently cut off Native children’s hair as a way to separate them from their familial culture.
The panel from the Fourth District Court of Appeal ruled that while Barraza believed he was teaching Guardado a “lesson” by cutting off his hair, which Guardado was proud of, it did not constitute a robbery. The pair knew each other and the court said that Barraza believed Guardado stole from him, motivating the assault.
As Barraza was attempting to cut off Guardado’s hair, prosecutors allege the victim awoke and a scuffle ensued. During that fight over the knife, Guardado was stabbed in the leg, severing an artery. He died at a hospital and authorities arrested Barraza the next day.
A robbery requires the taking of personal property, but because the hair was still attached at the time of Guardado’s death, the judges ruled that it did not count as personal property the victim could lose by being robbed. Thus, the panel concluded Barraza was not committing a crime that fell under California’s felony murder law when Guardado was slain.
Tanya Sierra, a spokesperson for San Diego County District Attorney Summer Stephan, said the office is reviewing the implications of the ruling with the state Attorney General’s office. The DA’s office has yet to determine its next steps.
City News Service contributed to this report.
