People v. Rhoden CA3

FACTS

About 4:00 p.m. on January 27, 2015, the driver of a truck pulling a trailer attempted to enter the parking lot of an auto parts store but could not because defendant had stopped pushing his shopping cart with recyclables midway across the driveway. The driver honked at defendant a couple of times. Defendant moved but followed the truck into the lot, yelling and screaming at the two people inside. The truck parked in front of the store but the driver and passenger locked their doors and remained in the truck. The store’s manager, Jonathan Crossman, and an employee, Christopher Bates, were standing outside and in the doorway, respectively, and observed defendant’s behavior. Crossman told defendant he was bothering customers and to leave. Defendant had been seven to eight feet away from Crossman but then approached him. Crossman claimed defendant was holding a screwdriver with a three-to-four-inch-long metal shaft. Crossman claimed defendant said, “ ‘What are you going to do about it’ ” or “ ‘I’ll show you.’ ” Crossman replied that he was going to call the police. Crossman claimed defendant responded, “ ‘That’s all you ever do is call the police.’ ” Bates had first seen…