People v. Newton CA4/1

I.

FACTUAL BACKGROUND

A. People’s Case Denise Patterson was walking her chihuahua on a leash one evening in a public place when she encountered Newton. As she passed by, he said “he was going to cut [her] and [her] dog.” Patterson asked, “[W]hat’s your problem, buddy?” Newton responded, “I’ll kill you and your dog.” Patterson noticed Newton was holding a knife near his hips with the blade protruding between his fingers. She “got scared,” “backed up,” and called 911. Newton walked away. Casey Morrison, a deputy sheriff, responded to Patterson’s 911 call soon thereafter. Morrison was directed to Newton, who was sitting on a bench. Morrison approached, stated he had received calls about Newton’s behavior, and asked whether Newton had a knife. Newton said he had a knife in a back pocket. Morrison told Newton to stand up, turn around, and put his hands behind his back so that Morrison could put handcuffs on Newton while Morrison conducted an investigation. As Morrison attempted to put handcuffs on Newton, he pulled away and turned to face Morrison. A scuffle followed during which both men fell to the ground. After Morrison punched Newton in the face repeatedly and threatened to…