People v. Geise CA2/6

FACTS

On January 19, 2013, Geise tried to pay his $24 bill at the Aloha Steakhouse in Ventura, California, using an expired gift card. Geise left the restaurant without paying. Charnell Smith, the restaurant manager, and Gregory Barrow, a “guest,” left the restaurant to find Geise.

1 All statutory references are to the Penal Code. They saw Geise on the Ventura beach boardwalk “playing his drums.” Smith told Geise that “his gift car was expired” and he “needed to pay his tab.” She said he had to come back to the restaurant or she would “have to call the police.” Smith, Barrow and Geise walked back to the restaurant. Geise made a phone call to his sister to see if she could pay the bill. He then left the restaurant. Smith and Barrow followed him as he walked away down the boardwalk toward a hotel. Barrow took out his cell phone and called 911. Smith caught up with Geise and told him he needed to pay the bill. Geise asked Smith how she was “going to make him pay the bill.” Smith said he needed “to pay” or she “was going to call the police.” Geise took his shirt off. Smith testified that Barrow was on the phone talking to the police. Smith told Barrow to “stay on the phone with the…