People v. Gilbertson CA2/6

Facts Appellant, who suffers from mental illness, was homeless and living in Paso Robles when he entered a Chase Bank branch at about 4 p.m. Appellant’s clothes were dirty and he spent some time fiddling with the hand sanitizer, bank envelopes and pens. When appellant reached the teller’s window, he said he wanted to exchange a $20 bill and two $10 bills for other currency. The bills were crumpled, dirty, slightly ripped, wet and smelled of alcohol. The teller, Tristen Arendas, told appellant that she could not accept the bills because of their condition. He replied, “‘Please, I need money. That’s all I have.’” Appellant explained that he tried to use them at another place but that place also would not accept them. Arendas checked with a coworker about the bills. He agreed that they could not be accepted. Arendas told appellant she was sorry but she couldn’t help him. He seemed upset, started begging her and then slid a bank envelope toward her on which was written: “Give me all the money.” The teller then heard appellant say, “‘I have a gun. Who do I need to shoot?’” Appellant was holding a white cloth bag. Although it does not appear on the surveillance video, the teller thought…