Rhonda Saunders Workplace
Workplace Violence Case
(Certified for Publication 3/9/06)
People v Sylvester C.
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.