P. v. Fauss CA4/1
One night in June 2015 Fauss came out of the store of an Oceanside gas station while smoking a cigarette. Nearby, taxi driver Donald M. was standing next to the driver's side of his cab filling the gas tank. Donald thought Fauss was smoking too close to his cab and putting everybody at the gas station in danger, so he asked Fauss to move away or stop smoking.
Fauss responded by saying he was far enough away and calling Donald an idiot, but then started walking away while angrily and loudly cursing at Donald. Donald angrily cursed back at Fauss. Fauss, who was very agitated, responded by turning around and charging toward Donald from in front of Donald's car.
When Fauss charged toward him, Donald grabbed pepper spray from a compartment on the inside of the open driver's door of his taxi cab because he felt threatened and thought Fauss was going to attack him. Fauss attempted to strike Donald by swinging his hand at him, and Donald sprayed him with the pepper sp
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