Is a threat made against a witness sufficient to deter or reach the witness?
California, United States of America
The following excerpt is from People v. McDowell, G058262 (Cal. App. 2020):
Defendant further argues "there is no evidence in the record that [M.J.] wanted to report [defendant] to the police." But "[a] threat need not actually deter or reach the witness because the offense is committed when the defendant makes the attempt to dissuade the witness." (People v. Foster (2007) 155 Cal.App.4th 331, 335.) For all the reasons discussed ante, the prosecutor's comments do not warrant reversal.
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