In re Ricky T

In In re Ricky T. (2001) 87 Cal.App.4th 1132, appellant left the classroom to use the restroom and found the classroom door locked when he returned. He pounded on the door and the teacher, Heathcote, opened it. The door opened outward, and it hit appellant. Appellant cursed Heathcote and said: " 'I'm going to get you.' " Heathcote felt threatened and sent appellant to the school office. The next day appellant was interviewed by a police officer and appellant said he felt " 'disrespected by the door hitting him in the head.' " He admitted speaking angrily, but denied threatening the teacher. He said he did not mean to sound threatening, admitted his actions were inappropriate and he apologized. It was not until a week later that he was reinterviewed by the police. (Ricky T., supra, 87 Cal.App.4th at pp. 1135-1136.) In Ricky T., "the lack of surrounding circumstances information is striking. There was no immediacy to the threat. Sending appellant to the school office did not establish that the threat was 'so' immediate. 'The use of the word "so" in section 422 indicates that unequivocality, unconditionality, immediacy and specificity are not absolutely mandated, but must be sufficiently present in the threat and surrounding circumstances to convey gravity of purpose and immediate prospect of execution to the victim." ( Ricky T., supra, 87 Cal.App.4th at p. 1137.)