People v. Heers CA4/1

I.

FACTUAL AND PROCEDURAL BACKGROUND

M.W. owns and lives on a multiacre property in Oceanside, some of which he rents out to F.R. to run a plant nursery. Heers works for M.W. on the property and lives in a room in M.W.’s house. Heers and F.R. were not on good terms with each other. In July 2023, Heers unsuccessfully petitioned for a restraining order against F.R., in which she sought, among other things, an order requiring F.R. to stay away from the property and from M.W. On the morning of August 23, 2023, F.R. walked up to M.W.’s house to check on M.W., who was sick. Heers was in front of the house painting a gate. When Heers saw F.R. approaching, she confronted him near the front door and told him to leave. Heers and F.R. then got into a physical altercation, which resulted in F.R. incurring a cut on his left torso and an injury to his hands. During their trial testimony, Heers and F.R. gave different descriptions of the incident.

Unless otherwise indicated, all further statutory references are to the Penal Code.

2 According to F.R., after Heers told him to leave, Heers started the physical altercation by swinging a long heavy metal tool at F.R.’s torso while

he was…