People v. Wilding CA1/5

I. FACTS AND PROCEDURAL HISTORY

A complaint alleged that Wilding committed assault with a deadly weapon using his vehicle (§ 245, subd. (a)(1)) and committed felony vandalism of the vehicle of his victim, Maurice Light (§ 594, subd. (a)). According to the probation report (which purportedly relied on the police report), Light was driving on Old Redwood Highway and saw Wilding’s vehicle come very close to the rear of his vehicle and begin to swerve back and forth. Light felt a “nudge” to the rear of his vehicle and observed Wilding’s vehicle passing on the right. As Wilding’s vehicle passed, it spun out of control and collided with the right side of Light’s vehicle twice. Light pulled to the shoulder and called 911. Wilding got out of his car,

1 All statutory references are to the Penal Code.

1 approached Light’s vehicle, banged his fist on the side of Light’s window, and then jumped on the hood of Light’s car and banged his fist on the windshield. When Light tried to drive away, Wilding slid off the hood, grabbed a large tree branch, and beat on the windshield of Light’s vehicle until it shattered. Police noted there were shards of glass from the shattered windshield on Light’s…