People v. White CA3

BACKGROUND

At about 7:30 p.m. on October 2, 2020, Fairchild left his house in Shingletown to pick up some food for his family. On his way to the store, he stopped by the post office.

1 Undesignated statutory references are to the Penal Code.

2 As Fairchild walked out of the post office, defendant pulled up in a truck with his high beam headlights on. Fairchild told him to turn his lights off. The two men exchanged insults and called each other derogatory names. Fairchild returned to his truck and sat there until defendant left. Defendant “revved up” his truck’s engine and “acted like he was going to crash into” Fairchild’s truck. Defendant drove out of the parking lot, turned right on Emigrant Trail, and turned left onto Highway 44, heading east toward his house. Fairchild testified that he followed defendant to the highway, did a “burnout” as he passed defendant’s truck, then turned right onto the highway, heading west toward Fairchild’s house. Fairchild yelled “dumbass” or “asshole” out of his window as he passed. According to defendant’s testimony, however, Fairchild “nudged” the back of his truck while they were at the intersection. Fairchild then pulled up beside…