People v. Larsen CA4/3

FACTS

One late June evening, 18-year-old Jacob Fioretto and 15-year-old Lauren A. were smoking in Lauren’s backyard, which was about 15-to-20-feet wide and was enclosed by a five-foot high cement wall. They had met recently. Lauren’s mother and her boyfriend were asleep upstairs. When Lauren and Fioretto went inside, Fioretto saw Larsen, who he understood to be Lauren’s ex-boyfriend, crouched on top of the backyard wall with a knife in his hand. Two days earlier, Larsen sent Fioretto a message on Facebook stating, “‘I’ll fucking kill you if you touch Lauren.’” Fioretto knew Larsen had previously stabbed or cut someone. Fioretto and Lauren went back outside. Larsen angrily asked Fioretto, “‘Did you just kiss her?’” Larsen jumped off the wall into the backyard. Larsen asked Fioretto, “Why are you with my girlfriend?” Lauren stated, “I’m not your girlfriend.” Fioretto anxiously asked Larsen, “Can we talk about this?” Larsen said, “‘You want to talk about this? I’m going to fucking kill you.’” Larsen grabbed Fioretto’s shoulder with his left hand and jabbed the knife, which had an eight-to-12-inch blade, at his stomach. Fioretto was scared and jumped back, while Lauren stepped…