People v. King CA1/3

Background The evidence at trial Defendant’s conviction arises out of a rather bizarre series of events that occurred at the Embarcadero BART station in San Francisco at around 8:00 p.m. on October 14, 2011. There is no dispute as to what occurred in the BART station. We shall therefore summarize those facts as they are presented in defendant’s appellate brief (omitting record citations). The victim, Frank Vinculado and his girlfriend Brittany O’Neil “were standing on the platform, waiting for the train. Vinculado was giving directions to someone, when [defendant] approached Vinculado and started talking to him at random about nonsense. [Defendant] had been seen walking in circles, or pacing around the station, yelling. O’Neil said he looked kind of crazy, his eyes were wide open. [Defendant] seemed angry, or irritated with Vinculado, and was acting aggressively towards him. “[Defendant] got right up in Vinculado’s face, and kept saying he didn’t want any problems with Vinculado. Vinculado tried to remain calm, he did not say or do anything physical to provoke [defendant]. Vinculado told [defendant] they didn’t have any problems, and at that point, Vinculado thought he had defused…