John Peck
John Peck
alarm avoid backing beyond clear continued doubt evidence intent reasonable second truck
It is not clear from the evidence that Mr. Berarducci was doing anything more than backing up his truck to avoid a continued confrontation with Mr. Kimberly, which, it should be noted, Mr. Kimberly had initiated and in which he persisted by approaching Mr. Berarducci's truck a second time, ... There is not evidence beyond a reasonable doubt that it was Mr. Berarducci's intent to harass, annoy, or alarm Mr. Kimberly.