A threat of force or violence directed against a third person doesn't include suspect's threat to...

CAC00075
Rules

A threat of force or violence directed against a third person doesn't include a suspect's threat to kill himself.

Facts

By Ray Hill, Professor Emeritus, Santa Rosa Junior College

Antioch Police responded to a domestic violence report. Defendant had brought a gun to his estranged wife’s home and committed terrorist threats and battery against her in the presence of his four daughters. When the wife attempted to call police, he tried to prevent her from making the report by threatening to kill himself (“If the police come here, I’m going to blow my brains out”).  One daughter eventually called 9-1-1 after hiding in a closet.  A loaded handgun was found atop clothes in a laundry bin. Defendant was a convicted felon. Amongst a variety of charges, defendant was convicted of felony dissuading or intimidating a witness by an express threat of force or violence towards “any third person” (136.1(c)(1) P.C.).