People v. Bailey CA4/3

STATEMENT OF FACTS AND PROCEDURAL HISTORY

A. Circumstances Surrounding the Charges On the evening of August 24, 2020, Bailey followed M.T., a 12- year-old boy, into the bathroom of Bailey’s small studio apartment, locked the

1 The court imposed the sentence of 15 years to life for count 2 and stayed imposition of sentence on count 1 pursuant to Penal Code section 654.

2 All further statutory references are to the Evidence Code unless otherwise indicated.

2 door behind him, pushed M.T. up against a wall, pulled M.T.’s shorts down, got on his knees and, while pinning the boy’s wrists against the wall, orally copulated M.T. for about one to two minutes. Bailey was 30 years old, about six feet two inches tall and weighed approximately 250 pounds. M.T. was about four feet tall and weighed between 80 and 100 pounds. M.T. could not move his wrists or break away during the incident because Bailey was stronger and was forcing M.T.’s wrists against the wall. M.T. told Bailey to stop, but Bailey would not. Two of M.T.’s friends, who were present in Bailey’s apartment at the time, were banging on the outside of the bathroom door. They peered under the door and saw Bailey on his knees.…