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Probation for Man Accused of Assault & Battery on Pizza Man

Posted on in Criminal Defense

A man accused of assault & battery against a pizza delivery man pleaded no contest this past Wednesday. The San Mateo County Superior Court accepted the plea from the man, who calls himself the “Beloved Reaper,” who has also been convicted of misdemeanor criminal threats. No motive or explanation for the attack was ever been explained.

Assault & battery are crimes that can be misdemeanors or felonies. In fact assault and battery are two crimes and may be charged separately. Simple battery is the harmful or offensive touching of another person and can be found in Penal Code section 242. Assault is the lesser included offense of battery and is defined as the unlawful intent to commit a harmful or offensive touching. Stated more simply, assault is the attempt to commit a battery.

According to the Mercury News, the Beloved Reaper, also known as Richard Montgomery Ines, is accused of throwing a paint can at the victim followed by threats that he was going to kill him. When the victim exited his vehicle the defendant pulled out a BB gun and repeated his desire to kill the delivery man. The Mercury also reports that the defendant threatened other motorists and passers-by. He kicked a police officer while being arrested in an attempt to resist.

The court imposed two years of informal probation and credit for time already served. He had served 20 days in jail before his plea. The court also issued a protective order and fines and fees.

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