People v. Mayberry CA2/8

FACTS

Doris Deanes was 65 years old. She used a wheelchair, although sometimes stood behind it and pushed it, like a walker. She was on friendly terms with the homeless population of San Pedro, of which defendant was a member. Defendant was friends with a man named Oswaldo Tapia, who was known as “Smurf.” In February 2013, Deanes filed a criminal report against Tapia. Subsequently, she received a summons to testify at his preliminary hearing on June 3, 2013. Defendant then engaged in a campaign to convince Deanes not to testify against Tapia at the preliminary hearing. On May 20, 2013, as Deanes was pushing her wheelchair toward a bus stop, defendant came up behind her, called her a bitch, and demanded that she stop so he could talk to her. Defendant told Deanes he wanted her to talk to him about getting Smurf a 25- years-to-life sentence. Defendant told Deanes he was going to kill her and she better leave San Pedro. He told her that he would hurt her if she called the police. He continued to follow Deanes and threaten her until her bus arrived. He said that if she went to court, he would kill her. On May 23, 2013, while Deanes was waiting at a bus stop, the conduct repeated.…