People v. Moppins CA3

BACKGROUND

U.R. was working at Macy’s women’s shoe department when she observed defendant collecting red shoes and waving them in front of a mirror. Defendant continued picking up red shoes and moved toward the doors leading to the parking lot when U.R. offered her assistance. U.R. said defendant could not take the shoes. Defendant pulled out a jack handle1 and walked backward toward the exit doors. He said, “I’ll bust y’all shit.” He held several pairs of shoes in one hand and the jack handle in his other hand. U.R. was concerned for her safety. Officer Victor Arreola, a federal law enforcement officer, was at Macy’s with his children when he noticed defendant. Officer Arreola saw U.R. approach defendant and heard defendant yelling. Officer Arreola was concerned that defendant would strike U.R. with the jack handle. Officer Arreola told U.R. to stay back. Defendant pointed and waved the jack handle at Officer Arreola and said, “if you’re a cop, I’m going to bust yo head open. You a cop. You a cop.” Defendant waved the jack handle as if he was going to strike Officer Arreola with it. Officer Arreola told defendant to just leave the store. Defendant kept yelling that Officer…