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STATEMENT OF FACTS

I. The Prosecution Case

At approximately 11:00 a.m. on January 22, 2011, Desiderio Aguilar, a tow truck driver, was dropping off a car at a body shop. He parked in an alley near the shop entrance and entered the shop to transact his business. He gave an invoice to one of the shop employees, Lizeth Estrada. According to Estrada, Aguilar appeared happy. Aguilar left the office and while returning to the tow truck, he saw defendant speaking to another shop employee. Defendant was asking where the “fucking driver” of the tow truck was. Aguilar told defendant it was his truck, apologized, and said he was leaving. Aguilar continued toward the truck. Defendant was complaining that tow truck drivers were always blocking his driveway. Aguilar apologized and told defendant he needed to be more polite, as he was not treating Aguilar with respect. Defendant, who was yelling at Aguilar, cursed and said he was not the one who needed to be polite because it was Aguilar’s fault for parking his tow truck in front of defendant’s garage. Aguilar continued to apologize, stating he did not know what else to say. Defendant threatened to shoot Aguilar. When Aguilar asked whether…