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Gray v. United States

Court of Appeals of Columbia District

September 25, 2014

MYRON O'NEAL GRAY, APPELLANT,
v.
UNITED STATES, APPELLEE

Submitted January 7, 2014.

Page 130

[Copyrighted Material Omitted]

Page 131

Appeals from the Superior Court of the District of Columbia. (CMD-8279-12 & CMD-9183-12). (Hon. Yvonne Williams, Trial Judge).

Rose Mary Drakewas on the brief for appellant.

Ronald C. Machen Jr., United States Attorney, and Elizabeth Trosman and Margaret E. Barr, Assistant United States Attorneys, were on the brief for appellee.

Before GLICKMAN and FISHER, Associate Judges, and RUIZ, Senior Judge.

OPINION

Page 132

Ruiz, Senior Judge:

Gray appeals his convictions, after a bench trial, for threats,[1] contempt,[2] and unlawful entry.[3] He contends that the trial court applied an incorrect legal standard in finding him guilty of threats and that the trial court erred in considering videos that were not formally admitted into evidence in finding him guilty of unlawful entry and contempt. We conclude that the trial court did not commit any error warranting reversal and affirm appellant's convictions.

I. Factual Background

The charges against appellant arose from incidents on May 12 and May 15, 2012, at his workplace, a Home Depot store on Rhode Island Avenue in Northeast Washington, D.C. Appellant's supervisor testified that because of appellant's " erratic" behavior in the store on May 11,[4] appellant was told to " go home" and that he would be called when he should return to work. Early the following morning, May 12, appellant returned to the store and made a hostile remark to a coworker. Later that day, when appellant returned to the store with his dog, he was arrested and charged with having threatened the coworker that morning. At that time, appellant was told that he was barred from returning to the Home Depot store. An order requiring appellant to stay away from the coworker and the Home Depot store and parking lot was issued on May 14. The following day, May 15, Home Depot store cameras recorded appellant entering and exiting the store and driving through the parking lot.

The coworker, Jonathan Lowery, had worked with appellant for approximately five months, and he considered appellant a casual friend with whom he normally talked about " sports, boxing, and stuff like that." Lowery testified that on the morning of May 12,[5] appellant approached him and he " was threatening me, said he will kill me, I'll see you outside of work. He pointed his finger at me in my chest, I will kill you I see you outside of work." Lowery said that he was not scared by appellant's remarks but surprised, because they were " kind of random. I didn't understand the whole reason why he was so angry towards me." ...


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