People v. Stone CA3

BACKGROUND

In a second amended information, the prosecution charged defendant with murder (Pen. Code, § 187, subd. (a); count 1)1 and elder or dependent abuse likely to produce great bodily injury or death (§ 368, subd. (b)(1); count 2). The information further alleged that, in the commission of count 2, defendant proximately caused the death of the 92-year-old victim. (§ 368, subd. (b)(3)(B).) The Trial—Relevant Portions of the Prosecution Case The victim, who was 92 years old at the time of his death, was defendant’s friend and neighbor in Oakland, and, eventually, defendant moved in with the victim. Defendant had been providing care for the victim for years. The victim needed help being fed and with bathing, and he had dementia and would sometimes wander off. N.S.2 was defendant’s daughter. In 2016, she began to assist with caring for the victim because defendant needed help. In 2018, defendant, the victim, and N.S. moved to Livermore where they all lived together until 2020. N.S. testified she never saw defendant hit the victim, grab the victim aggressively, or physically assault the victim. She also testified defendant could not lift anything heavy with his right hand, and…