People v. Martinez CA2/2

FACTS

The People’s Case At one time in his life, Eric Jones (Jones) was homeless. When he sees homeless people, he encourages them to improve their lives. Jones first saw Martinez at a 99 Cent Store. While his wife and son went into the store, Jones got out of his car, approached a homeless man named Kenny and spoke to him. Then Jones spoke to Martinez, who was nearby, and tried to give him encouragement by commiserating about his situation. After Jones walked away, Martinez took off his shirt and went around the parking lot yelling, “Whoop, whoop, whoop, whoop.” Martinez was angry at Jones and kicked his car. Eventually, Martinez calmed down and joined a group of people that included his girlfriend, Brittany Christine Martinez (Brittany). He had a pit bull. When Jones left, his wife drove. At no time did Jones try to drive his car into Martinez. The second time Jones saw Martinez was at a gas station where Martinez and Kenny were begging for money. The pit bull was with Martinez, and it looked full grown. It scared Jones. Martinez kicked Jones’s car three times. Jones did not threaten Martinez, try to run him over, rev his car engine, or stick his fingers at Martinez and pretend…