People v. Jones CA2/6

Facts Gina Guevara and her teenage son, Robert Jenkins, were shopping at an Oxnard grocery store when they noticed appellant and Carl Kitt, two white supremacist

1 All statutory references are to the Penal Code unless otherwise stated. 1 "skinheads," inside the store. Guevara noticed they were talking loudly and knocking items off the store shelves. She also noticed Kitt's swastika tattoo. Jenkins thought they were drunk. Guevara and Jenkins finished their shopping and got in line to check out. Appellant and Kitt walked past the line. Both Guevara and Jenkins heard one of them say loudly, "fucking nigger."2 Guevara replied, "You better watch your fucking mouth." Appellant and Kitt called Guevara a "nigger lover," and she called them, "peckerwoods." Appellant told Guevara, "Don't talk to my comrade like that." The three continued to exchange words. Eventually, Kitt "came up to [Guevara's] face and he told [Guevara] that he just got out of jail for stabbing somebody, and that he would stab [Guevara] too." After making the threat, Kitt and appellant walked to another register while singing a racist song containing the word "nigger." Guevara and Jenkins paid for their…