A San Jose man has been convicted of battering another man for using his cellphone during a movie.
Danny Eugene Thacker, 61, was convicted of misdemeanor battery, according to Monterey County District Attorney Dean Filippo.
Thacker was at the Century Cinemas at Del Monte Center on April 5 when he apparently became angered by another patron's cellphone use. The victim had taken his phone, which was on vibrate, out of his pocket three separate times to look at the screen. Thacker was angered by the distraction, and kicked the back of the victim's chair twice. He also made obscene comments. A verbal altercation ensued between the two, and Thacker then punched the victim in the face. Two other theater patrons witnessed the incident and testified at trial. One of them was an off-duty police officer with the Monterey Airport Police, who rendered aid to the victim outside the theater and called Monterey Police.
Judge Sam Lavarato sentenced Thacker to three years of probation and 44 days in Monterey County Jail.