People v. Montgomery CA6

I. BACKGROUND

Our factual summary of the charges against defendant is based on the preliminary hearing transcript, which the trial court considered in ruling on the diversion request and which the parties rely on in their briefing. 1. Counts 1, 2, 3, 4, and 7 On January 4, 2023, a motorist reported being threatened by the driver of a white truck registered to defendant. The truck passed the victim’s car on the highway, then “slammed on its brakes” and continued “brake checking” the car “for several minutes.” The driver of the truck was honking his horn and “flipping off” the other driver. As the truck was exiting the highway, it pulled alongside the car. The car’s driver and passenger looked at the truck and “saw a black handgun pointed directly at them out the driver[’s] window.” On January 31, 2023, another motorist reported being threatened by the driver of the same truck. According to the victim, the truck “was tailgating him and then went around him and got in front of him and brake checked him.” The victim saw the driver of the truck “holding up a firearm, a pistol, in the back window, flashing it at him.” CHP officers obtained a warrant and searched defendant’s home on…