In re Ernesto H

In In re Ernesto H. (2004) 125 Cal.App.4th 298, a teacher broke up a fight between two students. Later, the teacher noticed the two students were attempting to fight again with the minor acting as a lookout. The teacher approached the students and yelled at them to stop fighting. Minor said "'"Don't yell at me."'" (Id. at p. 303.) Later, he said "'"Yell at me again and see what happens."'" (Ibid.) When the minor made this statement, the teacher recalled that his head was tilted back, he took a step toward the teacher, and his hands were clenched at his sides. (Id. at p. 304.) The teacher asked the minor if he was threatening him, and the minor did not respond. The teacher felt threatened and believed the minor would retaliate in the future. (Ibid.) A juvenile wardship petition was filed against the minor, alleging the minor had violated sections 71 and 422. (Ernesto H., supra, 125 Cal.App.4th at p. 304.) The juvenile court found true the allegation that minor had violated section 71, and the minor appealed. The appellate court determined that the minor's statements constituted a threat to inflict an unlawful injury upon a person or property. (Ernesto H., supra, at p. 313.) Standing alone, the minor's statement was ambiguous. However, when put in context, the statement constituted a threat. The minor was upset and angry when he spoke the words. When he made the statement, he stepped toward the teacher, tilted his head back, and the teacher recalled he clenched his fists. Furthermore, the teacher told the police officer he feared for his safety and believed the minor would retaliate against him in the future. (Id. at p. 311.) The court concluded "the threat element of Penal Code section 71 was satisfied when the teacher testified that he felt afraid and that he feared the minor might retaliate in the future." (Id. at p. 313.) In Ernesto H., the court concluded sufficient evidence supported the juvenile court's finding that the minor had intended to influence the performance of the teacher's duties. (Ernesto H., supra, 125 Cal.App.4th at p. 314.) Specifically, the court noted that "when the minor told the teacher that something could happen to him unless he stopped yelling, the minor was clearly interfering with the teacher's attempt to restore order to the physical education class." (Ibid.)