P.

FACTS

Prosecution

On May 23, 2011, a group of homeless people were camping under the bridge at

Mission Bay. Justice Everett was part of the group. He was drunk, yelling and cursing.

Lewis told him to quiet down, but Everett persisted. Lewis then approached Everett and

pushed him down. Lewis walked back to his camping spot. Everett continued to yell and

call Lewis names. Lewis approached Everett again. A woman named Wendy Lane

stepped between the two in an attempt to quell the argument. Lewis pushed her aside and

then Everett did the same. Lane retreated back to her area and Lewis ultimately went

back to his spot.

Ron Heinze approached Lewis and commented: "What's between you is between

you guys. But, Jody, don't put hands on a woman." Lewis then said to Heinze: "I'll kick

your ass." In response, Heinze went to his belongings, put his shoes on, and then said to

Lewis: "Okay. Come on. You want to kick my ass? You know, do it." Lewis

responded: "Well, come on, fat boy. I'll let the air out of you. I'll gut you." Heinze

People v. Marsden (1970) 2 Cal.3d 118 (Marsden). 2 grabbed a handful of rocks and began throwing them at Lewis. Lewis…