People v. Schneider CA4/2

FACTS

According to the prosecution, Schneider twice criminally threatened the same mall

security guard. The first incident, on August 8, 2022, was charged in count 2 as a

misdemeanor, while the second, on August 13, 2022, was charged in count 1 as a felony.

The jury acquitted Schneider of count 1, however, so we will focus our discussion on

count 2.

“Multiple times” in the 10 days before August 8, 2022, the security guard had

asked Schneider to leave the mall property. The security guard testified those previous

encounters were “negative experiences,” as Schneider did not respond well to the security

guard’s requests.

On August 8, 2022, at about 10 p.m., the security guard was on duty, in uniform,

and sitting in his patrol car. He saw Schneider walking across the property, from the west

side of the property to the east, and then change direction north to approach him.

Schneider was “clearly drunk,” “literally reeling on his feet,” and “holding a 12-pack of

beer.” He came within about “20 or 30 feet in front of the patrol car” and “started

1 Undesignated statutory references are to the Penal Code.

2 shouting things.” Specifically, Schneider said “I’m going to kill…