People v. Kennedy CA5

INTRODUCTION

Defendant James Wesley Kennedy was convicted of assault with a firearm, discharge of a firearm with gross negligence, exhibiting a firearm, and battery. On appeal, he asserts error by claiming he used reasonable force to stand his ground and defend himself. We will affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

The People’s case On November 4, 2012, defendant’s grandson Sean and granddaughter Carolyn were in the company of Frank Harp’s son Zachary and daughter Hannah. The girls became friends playing volleyball at the local high school. Harp believed Carolyn had a crush on his son Zach. When defendant arrived at Harp’s property in Coulterville, Harp was exiting the driveway to pick up the kids at a nearby market. Defendant was irritated and asked Harp where the kids were. Defendant’s demeanor changed, however, and he began yelling and cussing; he grabbed the steering wheel in his vehicle and shook it. Harp asked defendant not to yell at him. Defendant responded by getting out of his vehicle and challenging Harp to a fight, stating, “‘Get out. I’m not afraid of you. Get out. You creep.’” Harp refused to get out of his vehicle, believing it ridiculous to…