People v. Aragon CA4/3

FACTS

One afternoon, Manuel Hernandez took his family to a park in Anaheim for a picnic. While his children were playing on the swings, Manuel and his wife Norma began setting out snacks at a nearby picnic table. Everything was going fine until appellant arrived on the scene. With a magazine picture of a bikini-clad woman hanging from his mouth, he approached Manuel and asked him if he liked the picture. Manuel said he did not want any trouble, but appellant grabbed his crotch, paced the area and began making strange movements with his head and shoulders. Fearing for his family’s safety, Manuel stood up and told appellant to leave. Instead, appellant tried to grab a glass soda bottle that was on the picnic table. After Manuel thwarted that attempt, Norma called the police on her cell phone. At that point, appellant and Manuel were standing across the picnic table from each other, and the bicycle of Manuel’s nine-year-old daughter – a single-gear beach cruiser – was resting on its kickstand next to appellant.1 Without warning, appellant picked up the bicycle and threw it across the picnic table at Manuel. Manuel raised his arms for protection, and the bicycle hit his left forearm…