P. v. Kepley CA4/1
The morning that David M. learned his wife, Sara M., was having a sexual relationship with defendant Timothy Kepley, David sent Kepley a text message saying he was going to tell Kepley's wife about the affair. David and Sara drove to Kepley's house, and David knocked on the door. Kepley retrieved a shotgun, approached David from around the side of his house, pointed the shotgun at David and cocked it, then said, "Get the fuck off my property or I'm going to blow your brains all over the sidewalk." Kepley repeated similar threats. David retreated and called 911.
Kepley was charged with assault with a firearm (Pen. Code, § 245, subd. (a)(2)) and making a criminal threat (§ 422). Each count carried the allegation that Kepley personally used a deadly weapon when he committed the offense. (§ 1192.7, subd. (c)(23).) A jury returned guilty verdicts on both counts, and found true the personal-use allegation.
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