People v. Wolpert CA1/3

BACKGROUND

In November 2020, Wolpert drove to the headquarters of Facebook, upset it suspended his account. Upon arriving at a parking lot, he 1 approached a security guard. He said if the guards did not get their “shit together,” he was going to kill them. He encouraged the guard to “report it,” brandished a pocket knife with the blade open, started fidgeting with the knife, and said he was serious. After emphasizing he was not joking, he warned “If there’s a third time,” “ ‘[s]ecurity guards are going to die.’ ” Before driving away, he said “ ‘security needs to fix it within a month’ ” or else he would come back to kill them. In his report to police, the guard said Wolpert appeared to be experiencing mental problems at the time. The San Mateo County District Attorney charged Wolpert with felony criminal threats (§ 422, subd. (a)), alleging that he personally used a deadly weapon (§ 12022, subd. (b)(1)) and committed the offense while on bail for another offense in Sacramento County (§ 12022.1). Based on concerns defense counsel expressed regarding competency to stand trial, the trial court issued an order of commitment in March 2021. A correctional facility ultimately…