People v. Tischler CA5

FACTS AND PROCEDURAL HISTORY

The district attorney filed a criminal complaint charging Tischler with violating section 422 by threatening, on or about August 17, 2012, to commit a crime against Robin Ballard that would result in great bodily injury or death. The complaint was deemed an information on February 19, 2013. At trial, Robin Ballard (referred to throughout the record as Bob) and his wife Deborah Ballard described the incident of August 17, 2012, and events leading up to it. In March 2011, Tischler sold the Ballards property located on Italian Bar Road in Tuolumne County. They paid Tischler $76,000 down, plus $12,000 for the first two years of payments. They were then to pay Tischler $500 per month for 20 years, beginning in March 2013. There was to be no interest charged on the loan. The sale contract included an agreement that Tischler could remain on the property until December 31, 2011, during which time he would remove his personal property. On the property were three structures: an A-frame house, a cabin, and a fifth-wheel trailer. The contract allowed Tischler to occupy the A-frame house until December 31, 2011, but he instead agreed to move into the trailer and…