People v. Roper CA6

I. FACTS AND PROCEDURAL BACKGROUND3

J.V. was Roper’s intermittent girlfriend for about 12 years. They had children together. At the time of the present offense, Roper and J.V. were not in a dating relationship and did not live together. According to Roper, he and J.V. “were not on good terms due to his back and forth visits to jail.” On the morning of May 31, 20234 (which was J.V.’s birthday), Roper appeared outside a grocery store as J.V. exited her car. J.V. ignored Roper and did not speak with him. After completing her grocery shopping, J.V. drove home. She saw Roper again as she parked her car on the street near her home. Roper approached J.V. and tried to give her a plate of food that he said was for their children. J.V. declined the food. While standing near the car, J.V. and Roper argued about his infidelity. Roper threw the plate of food, walked over to a nearby landscaped area, and grabbed a six-inch- by-six-inch cement brick. Roper walked back to J.V.’s car and threw the brick at it, causing a large dent in one of the car’s doors. He again picked up the brick and threw it at the car’s rear window, shattering it. Roper fled the scene on his bicycle before police arrived.…