Workplace Violence
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Rhonda Saunders Workplace Violence Presentation

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Workplace Violence Case

California
(Certified for Publication 3/9/06)

People v Sylvester C. (2006) Cal.App.4th

Defendant threatened V1, Cerritos by saying, "If you call the police, I will kill you and I will kill everybody there, everybody, all the employees." He then approached V2 (Mejia), one of the employees and stated, "I am going to come and get you and I'm going to kill you." The defendant was convicted of two counts of criminal threats, but only Cerritos testified; Mejia did not. The count involving Mejia was reduced to an attempted criminal threat by the court of appeal because he did not testify that he was in sustained fear, an element of the crime. However, this is still a good case for the Prosecution because the court did not overturn the verdict, but merely reduced it to a felony attempt criminal threat, relying on the case of People v Toledo (2001) 26 Cal. 4th 221.

 

 

 

 

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