With respect to the present offenses, the evidence shows that on June 20, 2002,
Peter Molina, an engraver of tombstones, was working in an Alexandria cemetery accompanied by his wife, who was his business partner. Morris appeared on the scene, dragging a bicycle and smelling of alcohol. He sat on a tombstone, staring
at Molina and his wife, cursing and mumbling. After about five minutes, Morris looked at Molina's wife and said, "I'd like that." When Molina asked Morris what he had said, Morris stood up, "raised up his shirt," and "showed [Molina] this gun he had
in his waistband."
Because Molina did not know "what the situation was or what
the situation could be," he became "worried about" his wife's
safety and decided he "needed to get her out of there." They
got into their truck and, as they were leaving the cemetery,
they encountered Officer Vincent Omundson of the Alexandria
Police Department. Molina told Officer Omundson "there was a man back there
with a gun in his waistband."