People v. Moody CA2/1

BACKGROUND

On the morning of March 23, 2011, defendant entered Daniel‘s Jewelers in the Lakewood Mall in Lakewood and asked to see various engagement rings. Store employee Zoila Romero showed defendant numerous rings. Defendant asked to try on a $25,000 woman‘s ring. Romero told defendant it was store policy to ask for identification when showing a customer any ring valued at more than $10,000. Defendant gave Romero his identification and asked to try on the ring. Romero became nervous because defendant seemed nervous. Pursuant to another store policy, Romero asked assistant manager Takuhi Maggie Derian to assist her. Romero handed Derian defendant‘s identification and the ring he wanted to see. Romero then phoned mall security officers regarding defendant. Defendant repeatedly asked Derian to allow him to try on the ring, and she repeatedly refused, telling him it was against the store‘s policy. Although defendant was making Derian very uncomfortable, she showed him the ring by holding it between her thumb and index finger. Defendant ―reached over,‖ placed his hand over Derian‘s hand and the ring, ―grabbed‖ the ring, and ―pulled.‖ Derian ―pulled back‖ and struggled to keep the…