SANTA ANA (CBS) — A Huntington Beach transient was in prison Friday after pleading guilty to charges stemming from an encounter with a Latino driver.
Jonathan Michael Schmidt, 31, was sentenced to 180 days in jail on Thursday for the October 4 incident in which he yelled racial slurs at the victim, spat on her and attempted to run her down on his bicycle.
Prosecutors arguing for five years and four months in prison objected to Orange County Superior Court Judge Craig Robison’s sentence for Schmidt.
Schmidt, who accepted a plea bargain offer from Robison, was also sentenced to three years of formal probation, according to the Orange County District Attorney’s Office.
The 36-year-old victim was idling at a stop sign on Main Street with her sister in the passenger seat at about 1:40 p.m. on October 4 when Schmidt, who was riding his bicycle, shouted “(Expletive) Mexican, go back to Mexico,” Deputy District Attorney John Christl said.
Schmidt then spit in her face through the car’s open window, Christl said.
The woman drove to the chocolate shop where they were headed a short distance later and the two got out of the car, but Schmidt caught up and yelled more racial slurs at her before spitting on her back, Christl said.
Schmidt rode his bicycle away, but returned moments later and headed straight at the woman, who had to jump out of the way to avoid being struck, Christl said.
Schmidt was arrested a short time later at the scene on Main Street, Christl said.
Schmidt was convicted of false imprisonment in 2003.
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