People v. Kelly CA4/2

BACKGROUND

I. Prosecution’s case

On the evening of December 7, 2019, Jane Doe got into a fight with her boyfriend,

and he kicked her out of his house. Doe was homeless at the time, so she called a friend,

Dino, to give her a ride to another friend’s house. When Dino arrived, he had two other

passengers with him and said that he “had to make a stop real quick first.” Dino then

drove to a rural area of Apple Valley, California, where Kelly and others had set up an

encampment of cars and RVs. That evening, Doe remained with the group and smoked

methamphetamine from a shared pipe. Doe was a regular methamphetamine user at that

time.

2 Doe and Dino spent the night in one of the RVs. The next morning, they had

consensual sex, and Dino then left the RV to check on his two other passengers. Soon

thereafter, Kelly came into the RV and told Doe that Dino had left to deal with an

“emergency.” Kelly told Doe that he promised Dino that he would give her a ride later

that day.

Doe spent the next several hours with Kelly in a different RV, talking, drinking a

small amount of beer, and smoking methamphetamine. Doe testified that Kelly “made

himself out to be a violent type…