Barreras arrested defendant and placed him in a patrol car. Through the open window, defendant yelled, “‘Nigger bitch, you’re dead.’” A short time later, he scolded Barreras, saying, “We got ourselves—ourselves a nigger lover. You are just as fucked as those

fucking nigger dope dealers from Oakland. Fucking nigger bitch is dead[.]’ En route, defendant said, “‘Hey, nigger lover, you can’t protect them. You guys, San Jose Police Department, the nigger protectors. I guess since you love them, you are going to beat me up[.]’ ” He also

said, “‘You know what I hate more than niggers? Nigger lovers. You fucked up, man. You are going to pay for this, nigger lover. [¶] Hey, nigger lover, you are going to pay like this—those L.A. cops, but at least I respect them since they beat a nigger[.]’

When they arrived at the center, defendant spit on Barreras’s leg and said, “‘Nigger lover, you are going to die, esse.’”