People v. Williams CA6

Filed 6/17/24 P. v. Williams CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

THE PEOPLE, H050739 (Santa Cruz County Plaintiff and Respondent, Super. Ct. No. 22CR02540)

v.

MARK WILLIAMS,

Defendant and Appellant.

Defendant Mark Williams is a disabled, retired engineer living in the Santa Cruz mountains. In June 2022, after a confrontation with a person parked on a public road near his home, Williams was charged with assault with a deadly weapon, exhibiting a deadly weapon, making criminal threats, and resisting an officer.* A jury found Williams guilty of all counts, and he was placed on two years formal probation. On appeal, Williams challenges his conviction for making criminal threats on the ground that the trial court erred in refusing to instruct the jury on self-defense on that charge. For the reasons explained below, we disagree and affirm.

Specifically, Williams was charged with four counts: (1) assault with a deadly *

weapon in violation of Penal Code section 245, subdivision (a)(1); (2) criminal threats in violation of Penal Code section 422; (3) exhibiting a deadly weapon in violation of Penal Code section 417, subdivision (a)(1); (4) resisting a peace officer in violation of Penal Code section 148, subdivision (a)(1). Subsequent undesignated statutory references are to the Penal Code.

I. BACKGROUND A. The Evidence Presented at Trial 1. The Prosecution Case On June 16, 2022, Armando Huerta was working for a tree-trimming company in the Santa Cruz mountains. Around noon, after completing a job, he parked his truck on a road under an oak tree, where he could get cell service, and ate his lunch. Williams, who lived near the spot where Huerta parked, approached and asked Huerta what he was doing. When Huerta responded that he was taking his lunch hour, Williams said he was suspicious because there had been robberies in the neighborhood and told Huerta he had guns in his house. Huerta stayed in his truck and worked on invoices, sent e-mails, and made phone calls. About 45 minutes later, Williams returned. This time Williams was angry, he yelled at Huerta and told him he needed to leave, and he called Huerta a child molester and a pervert. Huerta was shocked because he had not seen any children while he was parked. Huerta also was afraid because Williams yelled loud enough that the neighbors could hear these accusations, and Huerta worried that if he left and Williams called the police, it would look like he was guilty and had fled the scene. Huerta therefore stayed in his truck and continued working. Another 30 minutes later, Williams returned, holding a metal shovel like a spear and pointing it at Huerta. Williams shouted that Huerta had to leave and again called Huerta a pervert and a molester. Huerta responded that he was working and was not doing anything wrong. Williams then told Huerta to drop his phone because “this was the last time [Huerta] was going to breathe,” and Williams tried to hit Huerta in the face with the shovel. After hitting the truck with the shovel, striking the tires, the back of the truck, and some containers in the truck bed, Williams walked back to his house screaming. At the house, Williams called 911 to report a suspected child molester and told the dispatcher that he had threatened the suspected molester with a shovel. 2