People v. Baptist CA2/6

FACTS

Prosecution Evidence Armando Zelaya, Andres Ortiz, and Jorge Sanchez drove to Sammy’s liquor store one evening to buy beer. Zelaya was unfamiliar with the neighborhood. He had consumed two or three beers but was not “buzzed.” Zelaya and his companions walked into the store. Baptist entered after them. As Zelaya was standing in line to purchase beer, it appeared to him that Baptist “bumped” Ortiz. Baptist said, “Who the fuck are you?” Ortiz responded, “Who the fuck are you? What the fuck?” Zelaya walked over to them and lifted up his arm. He was “trying to clear some space between [the two of them] and [him]self.” Zelaya told Baptist to back up. They exchanged “vulgarities,” “cussing each other out.” Sanchez tried to pull Zelaya back. Sanchez told Baptist to “just relax.” Baptist said, “Fuck you. Don’t tell me to relax . . . .” The exchange “got more intense.” Zelaya, Ortiz, and Sanchez all exchanged “profanities” with Baptist but not “fighting or threatening words.” Baptist walked out of the store. He said “he would be back” and “made a sign of a gun.” Zelaya set down the beer he was holding, and he and his companions also walked out the store. They followed Baptist. Zelaya…