People v. Sage CA3

FACTS AND PROCEEDINGS

We provide the following brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.) Defendant approached victim Landon Kucharski, a postal worker, and accused him of pouring rat poison into defendant’s bottle of whiskey. Kucharski said, “I don’t know who you are,” turned away and went to deliver the mail. When he returned to his truck, defendant was sitting in the driver’s seat. Defendant asked Kucharski why he put rat poison in his whiskey and challenged Kucharski to fight him or call the police. Kucharski retrieved his cell phone from the passenger side of the truck, then walked across the street and called 911. After sitting in the truck for approximately 15 minutes, defendant took a water bottle out of Kucharski’s lunch bag, got out of the truck, held the bottle up, and said he was going to take it. Defendant returned to the truck, sat back down in the driver’s seat, and retrieved a sandwich from Kucharski’s lunch bag. He eventually got out of the truck and, as he walked away, held the sandwich up in the air. Kucharski did not confront defendant because he was afraid of defendant and thought…