People v. Thomas CA2/6

Facts People's Evidence Jahawn Nazari and appellant resided on property owned by Lillian Stewart. Appellant managed the property and was living in the house. Nazari was living in a shed and paid appellant rent of $200 per month. On August 14, 2012, Nazari and appellant argued about a computer. After the argument, Nazari went inside the shed. Half an hour later, appellant kicked open the door to the shed. He had a shovel in his hand that he swung at Nazari, who was "in fear for [his] life." Appellant "just kept swinging and swinging." "[H]is face was pure red." Nazari tried to use his laptop computer as a shield to protect himself. Appellant hit the laptop with the shovel and "smashed" it. He hit Nazari's body six or seven times. Appellant said, " 'Who's Mr. Tough Guy now?' " Appellant stopped swinging the shovel and showed Nazari a 30-day eviction notice. Appellant said, " 'I was planning on kicking you out, but I'm not going to do it.' " Nazari stated that he "was going to call the cops." Appellant replied: " 'Oh, you want to be a cop caller. You need to get off this property. If you don't leave, I'm going to smash your car…