People v. Gonsalves CA1/2

BACKGROUND

This case arises factually out of a confrontation between Gonsalves and his girlfriend, K.B., in the parking lot of a post office in Humboldt on May 20, 2021. We summarize the facts briefly here and relate them in more detail as they are relevant to Gonsalves’s legal arguments in our discussion of those arguments. K.B. was accompanying her ex-sister-in-law, S.W., in running errands the afternoon of May 20, 2021, when she saw Gonsalves. She knew that Gonsalves did not get along with S.W. and did not like it when K.B. spent time with S.W. According to a statement K.B. made to a police officer that afternoon, she was waiting in her car for S.W. at

2All subsequent statutory references are to the Penal Code except as otherwise noted.

2 the post office when Gonsalves approached her and flashed a gun in his waistband by lifting his shirt. Gonsalves told K.B. that because she was hanging out with S.W., she had a half-hour to give him $200 that he claimed she owed him or Gonsalves would shoot K.B., S.W., and K.B.’s children. K.B. also showed the police officer a text stating that Gonsalves had a Glock; she said Gonsalves sent it before he walked up to her. K.B. later e-mailed…