It is not clear from the evidence that Mr. Berarducci was...

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.