People v. Cutler CA2/1

FACTS AND PROCEEDINGS BELOW

On the afternoon of Sunday, March 8, 2015, Bolton and his neighbor, Jordan Panella, were riding their skateboards on a residential street in Modesto, along with the six-year-old son of Bolton’s girlfriend, who was riding his bicycle. The three were traveling to the parking lot of a nearby medical center, where they planned to continue riding their skateboards. A tan, diesel- powered 1983 Mercedes drove up behind them, with Cutler driving, and his girlfriend, Candice Jenkins, in the passenger seat. According to Panella, Cutler’s car was driving at high speed, and as it passed the skateboarders, it came uncomfortably close to Bolton. Bolton yelled at the car to slow down and raised his arms. The car stopped about 20 yards ahead. Bolton rode his skateboard up to the car, and he and Cutler yelled at one

1 Unless otherwise specified, subsequent statutory references are to the Penal Code.

2 another. The argument did not escalate into a physical fight, and eventually Cutler drove away. Jenkins also testified about this initial confrontation. She stated that the car was not speeding, and Bolton was riding his skateboard back and forth across both lanes,…