(A/K/A “Little Nick”) was involved in an argument with Jimmy

Dale Light at the apartment complex where Light resided. After arguing for a short period of

time, Little Nick left the complex but returned forty-five minutes later with Hernandez, his father

(A/K/A “Big Nick”). While Light was talking to Hernandez, Little Nick punched Light in the

face, and he was knocked to the ground. Light and his girlfriend testified that while Light was

on the ground Hernandez put his hands on Light preventing him from getting up as Little Nick

kicked him. The indictment in this case states in relevant part that:

       NICANOR ZAMORA HERNANDEZ, ON OR ABOUT THE 30TH DAY OF
       JULY, 2009, . . . DID THEN AND THERE .was a party to the assault committed by Little Nick.

       The evidence demonstrates that before the assault, Light had a verbal confrontation with

Little Nick. Little Nick left, but returned to re-initiate the matter, telling Light “come on m***

f***. I got my dad here now.” Light testified that while he was talking to Hernandez, Little

Nick hit him in the head and he fell to the ground. Light attempted to get up, but Hernandez held

him down. Little Nick then kicked him in the head and Light testified he was “knocked out” for

a “second or two.” Betty Henderson, a nurse practitioner, testified that Light suffered multiple



                   