People v. McGriff CA1/5

FACTS

After appellant and the prosecution waived the right to a jury trial, the following evidence was presented to the court: At about 11:30 p.m. on June 9, 2013, Ahmed Boutchich went to the Underground Pub in Redwood city, where he consumed several drinks, “four or five max.” He was drunk, and the bartender and some of the patrons found his demeanor to be obnoxious and “macho.” Appellant, who was also present at the bar, consumed a couple of drinks. He was friendly toward the other patrons and did not appear to be agitated or “macho.” Boutchich was sitting at a table outside the bar near the time of last call, around 1:30 a.m., and went inside to either pay his bill or use the bathroom. He left a pack of cigarettes and a lighter he had purchased in Spain on the table, and when he returned, they were gone.2 Boutchich asked the other patrons whether they had seen the cigarettes and lighter, but no one said they had. Boutchich yelled about his cigarettes and lighter in an angry, accusatory and hostile way. He asked appellant, who was outside, whether he

2 Boutchich told a police officer his cell phone was also missing, but he later found it in his pocket.

2 had the missing items…