P. v. Winther CA2/3
In September 2015, Joshua Padilla worked for Kmart in its shoe department. Defendant also worked at Kmart, stocking merchandise in the grocery and chemical department. The departments in which the men worked were “quite a distance” from each other, and the only reason someone from defendant’s department would pass Padilla’s department would be to go to the restroom or break room.
Padilla had been at Kmart for five years and defendant only one. Before working together, the men had never met. At first, they had a “normal co-worker relationship.” A few months before September 2015, that changed. Padilla was in the warehouse and a box hit his head. Defendant was “standing there,” and although he denied throwing the box at Padilla, a witness saw him do it. After that, the men had almost daily “yelling confrontations.” Defendant told Padilla to “ ‘watch your back. I’m going to get you. I have your number,’ ” and that Padilla’s time was “up.”
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