People v. Gallon CA5

FACTS

On the evening of October 20, 2012, a man grabbed a battery charger from inside an AutoZone store in Atwater and ran out of the store. John, a customer at the store, witnessed the crime and ran after the thief. The thief ran toward a white van that was parked illegally, perpendicular to the parking spaces. The driver’s and passenger’s doors of the van were open and defendant was standing nearby. Defendant got into the van’s driver’s seat. The thief dropped the merchandise, approached the van’s passenger’s seat, and told defendant to “go, go, go, go.” John, however, reached the thief before he could pull his legs into the van and close the door. John got on top of him and put his hand around his neck. Defendant was trying to get the van in gear. John, still holding the struggling thief, reached over and grabbed the keys from the ignition and threw them onto the roof of the adjacent taco shop. Defendant told John he had a gun. Defendant reached behind the driver’s seat and told John he was going to shoot him. John then pulled the thief out of the van and onto the ground, holding him down with his foot. Defendant got out and walked around the front of the van. John was afraid…