People v. Bracy CA3

BACKGROUND

Travis Wages was driving his nephew’s Honda 600 motorcycle to work when he noticed a black sport utility vehicle (SUV) closely following him. The driver of the SUV (defendant) would approach within a couple of feet of the motorcycle, then back off and approach again. Wages tried to evade the SUV, but the SUV continued to follow him to his workplace. Wages slowed down to approximately five miles per hour to see what defendant wanted, but defendant was yelling at him, so Wages accelerated to get away; as he did, defendant cut in front of him and collided with Wages, knocking Wages off the roadway. Defendant approached Wages, screamed at him and accused him of stealing defendant’s motorcycle. Wages ran to his workplace and told his coworkers, David Veliz and Elmer Amen, about the collision. Veliz and Amen went to the scene of the collision where defendant told them he had “just nudged” Wages, and that he believed it was his motorcycle that had been stolen. Defendant subsequently apologized to Wages, saying he thought Wages was riding his motorcycle. Defendant testified that while he was away from his house, he received a telephone call from an unidentified caller earlier…