People v. Ge M.

Opinion

BEST, P. J.

Defendant was adjudged a ward of the juvenile court based on a finding that he had violated Penal Code

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sections 422 (terrorist threats) and 417, subdivision (a)(2) (drawing or exhibiting firearm in a rude, angry

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or threatening manner). Defendant’s only contention on appeal is that section 422 is inapplicable to the confrontation at issue because it was not shown in the trial court that his conduct was motivated by membership in a street gang. However, neither the plain meaning nor the legislative history of the statute supports defendant’s conclusion that street gang membership is an element of the offense. Thus, we reject defendant’s interpretation of section 422 and affirm the judgment.

Statement of the Facts

The victim, Paul Blankenship, and his friend, Chad Yager, were driving home from high school when they noticed they were being followed by Peter Chang and defendant. The day before, a group of Blankenship’s Caucasian friends from the football team had been involved in a fight at school with a group of Asian students, including defendant. According to defendant, it was Bobby Herman who instigated this racial confrontation at school.

When the cars stopped, defendant got out and approached Blankenship and Yager, stating, “This isn’t school. This is the streets, babe.” Defendant was “jumping up and down” and “acting crazy.” Defendant asked Blankenship if he was “Bobby’s friend,” and when Blankenship replied that he was, defendant pulled a gun from his belt. Defendant quickly walked toward Blankenship, cocked the gun, and pointed it at Blankenship’s stomach or chest. During the course of this encounter, defendant told Blankenship that he was going to kill him or could kill him and threatened to “spray” Blankenship’s “football buddies.” Defendant also told Blankenship, “Nine millimeter, that’s where it’s at, babe” and “Tell Bobby, look out. I’m going to get him.” Defendant then backed up and left.

Defendant testified that he pulled the gun in self-defense and kept it pointed downward the whole time. He denied making any verbal threats. According to defendant, when Blankenship and Yager saw the gun they backed off and he then walked back to the car.