• Third party threats doesn't include self
• 136(c) P.C. 

A threat of force or violence directed against a third person doesn't include a suspect's threat to kill himself.

By Ray Hill, Professor Emeritus, Santa Rosa Junior College

Antioch Police responded to a domestic violence report. Defendant had brought a gun to his estranged wife’s home and committed terrorist threats and battery against her in the presence of his four daughters. When the wife attempted to call police, he tried to prevent her from making the report by threatening to kill himself (“If the police come here, I’m going to blow my brains out”).  One daughter eventually called 9-1-1 after hiding in a closet.  A loaded handgun was found atop clothes in a laundry bin. Defendant was a convicted felon. Amongst a variety of charges, defendant was convicted of felony dissuading or intimidating a witness by an express threat of force or violence towards “any third person” (136.1(c)(1) P.C.).

DCA ruled the statutory reference to “any third person” applies to an outside party who is not the person making the threats. Attempting to dissuade another from contacting law enforcement under threat of self harm is not a threat made towards “any third person”.

However, the court did rule the conviction to be reduced to a lesser included wobbler offense for preventing or dissuading another person who has been the victim of a crime from making a report to law enforcement (136.1 (b) P.C.).