People v. Brown CA3

Filed 10/14/14 P. v. Brown CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (San Joaquin) ----

THE PEOPLE, C072753

Plaintiff and Respondent, (Super. Ct. No. SF118629A)

v.

AUSHUA MCDUFF-BROWN,

Defendant and Appellant.

On October 3, 2011, Shikara Daan was at the Madison Market with her son and her niece Antionette Brooks. They went to the market so the father of Brooks’s children, Timothy Fonville, could drop off the children with Brooks. While Brooks was on the phone arranging the meeting, Daan overheard a female in the background “being disrespectful.” Daan and Brooks showed up before Fonville did. Fonville arrived in a car driven by defendant Aushua McDuff-Brown. Fonville was in the front passenger seat, and a woman and three children were in the rear. Brooks walked outside the store to meet her children. Looking through the store window, Daan saw defendant and the woman

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passenger come out of the car. She became upset when the woman passenger started talking loudly and “saying stuff.” Daan went outside and heard Brooks exchange words with the woman, who was now back in the backseat of the car. Brooks threw a “sippy cup” at the woman in the backseat.1 Daan thought the woman in the backseat had thrown the cup; she started to talk “trash” to the woman in the backseat and challenged her to come out and fight. She went around to the woman’s side of the car and hit her through the window. The woman came out of the car and fought with Daan until they were separated by Fonville and another person. Fonville and the woman went back into the car while Daan went inside the store to get her things. When Daan came outside, the car was stopped a little farther away in the parking lot, facing the lot’s far driveway. Defendant, who was in the driver’s seat, told Daan, “Bitch, whoop dee whoo. I’m gonna come over,” and “Bitch, you think you hard, Bitch. You ain’t this shit. That’s my friend.” Daan was about 60 to 65 feet away from the car. She told defendant that defendant talked like that only because she was inside the car. Defendant threatened to run her over, and Daan responded by threatening to break her window with a scooter that she had. Defendant drove the car toward Daan. According to Daan, the car was traveling more than five or ten miles an hour. The car came straight toward Daan until she jumped away; the passenger side of the car bumped the side of Daan’s thigh. Deleshia Mason took her three-year-old son, Ruben Ramirez, to the Madison Market that same day. She helped Ruben place his silver scooter against the store’s wall. A similar scooter was also outside the store.