People v. Thomas CA1/4

I. FACTUAL BACKGROUND

In 2010, defendant met Kenneth Widener through Susan Deschenes, a mutual acquaintance. Defendant frequented Widener’s neighborhood, and the two interacted on numerous social occasions. In February 2012, Widener came to Deschenes’s home to perform small home repairs for her. As Widener and Deschenes were seated at her kitchen table, defendant banged on the glass sliding door of Deschenes’s home.

1 All further statutory references are to the Penal Code.

1 Deschenes allowed defendant to come inside the house. Unprovoked, defendant began cursing and lunging at Widener. Deschenes’s roommate called the police, but Widener declined to press charges. After the incident, there were several hostile encounters over a period of four months between the two men, but none of these incidents escalated to physical violence and the police were never called. On June 27, 2012, Widener came home from work in the evening and stepped outside to water the plants on his front entryway. As he was in a crouched position, Widener suddenly felt someone jump on his back. He fell to the ground, and his face hit a decorative rock. Widener felt repeated blows to the back of his head.…