People v. Blount CA3

FACTS

On October 18, 2011, Avery Blount (Blount) was living with defendant (his father), his son, mother, and brother. When he came home that day, there was an outdoor barbecue for his birthday. Among the attendees were his cousins David Beckhorn, Richard Harris, and Michael Plunkett. Defendant arrived at the party later in the evening. He was angry and drunk and started arguing with a neighbor named Chin. Defendant yelled at Chin and threatened to “beat his ass.” He temporarily left the party; when he returned, defendant continued to yell profanity at Chin. Blount told defendant to stop swearing, but defendant ignored him. Defendant got upset with Blount for taking sides and not allowing him to fight Chin. Defendant went into Blount’s house several times, returning outside “yelling and cursing and throwing a bike in the middle of the street.” Defendant also threatened Harris and swore at him. Blount and his cousins went in his house with defendant and tried to calm him down, but were unsuccessful. After Blount and his cousins walked outside and said, “we quit,” defendant came outside, ready to fight Blount. Defendant told Blount he owed him for the last time.1 He put up his…