People v. Wildman CA4/3

FACTS

On October 7, 2013, John Aguilar, the facility maintenance superintendant for the City of Santa Ana, took the elevator to the eighth floor of the Santa Ana City Hall. The elevator stopped at the seventh floor and defendant entered the elevator wearing a backpack and pushing a bicycle. Defendant was looking down at the ground and “muttering . . . things like ‘I am going to kill so and so.’” Aguilar could not hear whom

1 All statutory reference are to the Penal Code unless otherwise stated. 2 The court struck the prior serious felony for sentencing purposes only with respect to the two-strikes law, Penal Code section 667, subdivision (e)(1).

2 defendant was talking about. Aguilar and defendant both got off the elevator on the eighth floor where the city manager’s office is located. Aguilar proceeded through some double doors leading to a hallway. Defendant approached the receptionist and asked to speak to the city manager. The receptionist explained that the newly hired city manager would not be in the office until October 21, and that the acting city manager was the chief of police. Defendant became irate, grabbed a service bell from the receptionist’s counter, and started…