People v. Weber CA2/6

Facts On February 8, 2014, John Fageaux, Jr. and his 74-year-old father stopped to eat at Burger King in Ventura after attending a college basketball game. Appellant sat at a nearby table and cursed loudly about having to pay $20 for a hamburger. Fageaux thought appellant was intoxicated and said, "Please keep it down. We're trying to eat here." Appellant cursed Fageaux, said "I'm debating about whether to cut your throat," and stood up. Fageaux stood up as appellant drew a four-inch switchblade from 1 All statutory references are to the Penal Code unless otherwise stated. his hip pouch, and flicked the knife open. Brandishing the knife, appellant stepped towards Fageaux. Appellant made a couple of jabbing motions with the knife and said, "I'll cut you. I'll cut you." Fageaux feared for his life and said, "You come any closer, I'm gonna kick your ass." Brandishing the knife with his right hand, appellant picked up a cup of hot coffee and yelled, "Come on, come on." Scared, Fageaux tried to defend himself and said "If you throw that coffee on me, I'm gonna kick your ass." The bluff worked. Appellant set the coffee down and left the restaurant. A…