People v. Cato CA1/5

I. FACTUAL BACKGROUND2

On August 29, 2012, two employees of a PG&E subcontractor that installs energy- efficient utilities in low-income homes were working at Cato’s home installing a new water heater, a water-flow improvement device, and smoke and carbon monoxide detectors. Cato was present as they worked and “seemed like a normal person.” Late in the afternoon, however, Cato came out of the house smelling of alcohol and said he was going to shoot the two workmen. Fearing for their safety, the two men began to put their

1 Undesignated statutory references are to the Penal Code. 2 The background facts are taken from the probation officer’s report.

1 tools and materials in their van. Cato went back into the house. He returned holding a black handgun and began firing at them. The two fled, and one of them fell and hurt his back. As they ran, Cato continued to shoot at them. Sheriffs’ deputies were called and took Cato into custody without further incident. Cato appeared intoxicated and had a strong odor of alcohol about his person. The deputies collected a black handgun, a silver handgun, and a rifle from the house. Two bullet holes were found in the front left tire of the…