P. v. Kirby
An altercation over deadly threats to a pet cat escalated, leading to a fight between the cat’s owner, Brynda Delong, and her brother, defendant Ricky Darwin Kirby. Defendant’s elderly mother, Viola Kirby, entered into the fray and the situation swiftly deteriorated. An information charged defendant with assault, dissuading a witness from testifying, threatening to commit a crime that would result in the infliction of great bodily injury on another, and elder abuse. (Pen. Code, §§ 245, subd. (a)(1), 136.1, subd. (c)(1), 422, 368, subd. (b)(1).)[1]
A jury found defendant guilty of all counts except one count of making criminal threats against defendant’s mother. Sentenced to 20 years in state prison, defendant appeals, challenging the sufficiency of the evidence to support his conviction for assaulting Brynda and arguing the court erred in instructing on causation. We shall affirm the judgment.
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