"Man, when I find you I'm going to fucking kill you."

The alleged victim in Timothy Flemming's case, Joshua Buck, did not show up today. Deputy Roger Rees checked and called his name out three times. So the only witness presented by the People was HCSO Deputy Krystal Arminio.

Deputy Arminio has been a deputy with HCSO since November 2017. Prior to that, she was with Arcata Police Department for 9 years.

Deputy Arminio was dispatched to KMart in McKinleyville on April 30, 2018. The call was "regarding an alleged brandishing of a knife." She spoke with Buck.

Buck told her about a theft in progress. He identified the suspect as Flemming. Deputy
Arminio said not by name or photo but as the person she had "detained." Buck told Deputy Arminio that Flemming was brandishing a weapon.

On May 2, Deputy Arminio got an email from Buck. "The email stated that the next day Mr. Flemming had come back to KMart and had threatened him."

"Buck stated in the email that Flemming had returned to KMart and was asking employees for Buck's name and address. "

Buck said that Fleming told him, "You fucker, you lied to the cops."

"In the email, Buck stated that Flemming told Buck, 'Man, when I find you I'm going to fucking kill you'."

"Buck stated that Flemming dared Buck to call the cops again."

Deputy Arminio talked to Buck after the email. She said Buck was scared and had changed the route he takes from his to house to work.

Deputy Arminio suggested that Buck could get a restraining order against Flemming and Buck said he planned to get one.

Deputy Conflict Counsel cross examined Deputy Arminio. He asked her if she was wearing a body cam, she said no. Mr. Judge asked Deputy Arminio if Buck said gun, she was not sure. She them said the weapon was a knife.

Mr. Judge said that while Buck said there was a theft, "later it was determined there was no theft." Deputy Arminio agreed with that statement.

While Flemming had a knife, Deputy Arminio said it was her opinion that he was "brandishing it in front of the victim."

Mr. Judge said to Deputy Arminio that Buck did not mention to her that Flemming went back to KMart to speak to a manager.

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