Cases | People v. Gonzales, 602 P.2d 6 (Colo. 1978 | 2018
In May 1976, defendant stabbed an individual who was taken to the hospital by a third party who witnessed the incident. Defendant was charged with assault. At a preliminary hearing at which defendant was present, evidence was presented that the witness saw the incident and was interviewed by the investigating officer. In June 1976, defendant grabbed the witness by the collar and threatened to kill him. Second defendant brandished a knife and twisted it menacingly at the witness. In July 1976, second defendant threatened to stab the witness. First defendant was convicted of intimidating a witness and second defendant was convicted of menacing and intimidating a witness. On appeal, second defendant claimed that evidence of the June episode showing that he held a knife in a menacing way while first defendant verbally and physically accosted the witness was insufficient to support his convictions. The appellate court found that evidence was sufficient for the jury to infer that second defendant had knowledge that the witness might be called as a witness against first defendant, and that second defendant intended to prevent the witness from testifying. It was also sufficient to permit the jury to infer that second defendant had intentionally threatened the witness, causing him to fear bodily injury.
(This case cites former Colo. Rev. Stat. § 18-6-64.)