People v. Rodriguez CA2/6

STATEMENT OF FACTS

On September 1, 2012, Appellant, another man and two women were using the Jacuzzi at the Serenade Apartments in Oxnard. The Jacuzzi and a swimming pool are exclusively for the use of tenants and their guests. Michael Kotz is a uniformed, armed, licensed security guard who was assigned to patrol the apartments. One of his tasks is to confirm that persons using the swimming pool and Jacuzzi are authorized to do so. Tenants must show the key to their apartment to confirm their status. Kotz testified that he approached the persons in the Jacuzzi and asked if they were tenants. One of the women said she was. When Kotz asked to see her key, he was told that a third woman had taken it to return to her apartment. Kotz said he would return later to confirm their status. As Kotz walked away, Appellant aggressively yelled, "I'll remember your face, fool." Kotz said, "What did you say?" Appellant then got out of the Jacuzzi and approached Kotz saying, "You heard me." Appellant was shirtless and a tattoo announcing his status as a member of the El Rio street gang was plainly visible on his chest. "Trouble Street" was tattooed on Appellant's back. Kotz was aware…