People v. Gonzalez CA2/5

FACTS

Prosecution On the evening of April 14, 2012, roommates Ryan Raskop and Fabian Rosales saw defendant exit their apartment as they were walking home. Defendant was carrying a crowbar and a laundry bag. As defendant walked by, Raskop and Rosales noticed that several items belonging to them and their roommates were inside the laundry bag, including two computers, a camera, and a jewelry box. They recognized the laundry bag as belonging to one of their roommates. Raskop asked defendant where he got the items in the bag. Defendant answered that someone had given them to him, and walked away. Raskop and Rosales followed him. Raskop got close to defendant to take a photo of him, and defendant raised the crowbar over his head as if to swing it, and yelled, “Get away from me.” He chased Raskop and Rosales for a few feet. Raskop was afraid of being hit with the crowbar, so he ran away from defendant. Then he and Rosales began following defendant again, in another attempt to take a photo of him. Defendant warned them to stay back because he had a gun, and walked towards the parking lot. Kenneth Breaux, another resident of the apartment complex, saw Raskop chasing defendant. He heard…