People v. Fox CA2/6

Facts The victim, John Shalhoob, testified as follows: He had a dating relationship with Ashley Sharkey. Appellant was Sharkey’s former boyfriend and the father of her daughter. During the evening on December 8, 2019, Shalhoob accompanied Sharkey to her apartment. When they arrived, appellant was standing at the doorway to the apartment. He had come to visit his daughter. Sharkey asked Shalhoob “to talk to [appellant] about leaving because . . . [appellant] was intoxicated.” Appellant and Shalhoob walked to an outdoor patio in the apartment building. Appellant “jumped up on a wall” and climbed to the roof above the patio. Shalhoob said to appellant, “‘What are you doing up there’ . . . ‘Get down from there. It’s not safe for you up there.’” Shalhoob “was concerned that [appellant] would fall off the roof.” Shalhoob climbed onto the roof. He said to appellant: “‘Hey, I’m up here now. Why don’t we just all get off the roof. Come on, let’s both of us get off the roof.’” Appellant hit Shalhoob in the face. Shalhoob “grabbed him by the shirt, and . . . threw him on the . . . roof pretty good . . . .”

2 Appellant agreed to get off the roof. Shalhoob “turned around to walk off the roof,…