People v. Scarff CA4/2

FACTS

On March 17, 2012, at 4:30 p.m., Leonard Kaplan, age 76, was walking his dog in

a gated community in Palm Springs when he saw defendant, whom he did not know.

Defendant followed Kaplan home to his garage and confronted him, demanding money.

Kaplan said he had no money. Defendant first threatened Kaplan, then he seemed to be

leaving before he announced, “I’m going to do it,” and stabbed Kaplan with a knife in the

face and neck. Kaplan tried to defend himself but, as they struggled, Kaplan fell to the

floor and defendant kicked him in the face and chest.

2 Defendant stopped attacking Kaplan and entered the house where he confronted

Kaplan’s wife, Gail Holtzman, in the bedroom. Still holding the knife, defendant

demanded money. Defendant grabbed Holtzman’s shirt and dragged her into the

hallway, where she slipped and fell. After defendant released her, she ran quickly to the

alarm system panel but she could not remember the panic code. Defendant grabbed her

again and she fell in the den. Defendant snatched her handbag and knitting bag and fled

the house.

Holtzman went into the kitchen and found her husband covered in blood and

holding the phone. He could not…