P.
P. v. Villasenor CA6
Opinion
Opinion
Manoukian, J.
FACTS
Defendant was furious with his ex-wife, who had two daughters, including 16- year-old K. and her sister T. K. and T. are defendant‘s stepdaughters. On May 20, 2007, K. was home, apparently alone, when defendant arrived at the house and started ransacking it. K., whom defendant had previously threatened in one or more phone calls, hid within the house, possibly inside a closet. She telephoned T. for help. T. and her mother, Y., were eating dinner at a neighbor‘s house around the corner. T. told Y. about K.‘s call for help. Y. raced home, accompanied by three other adults, including neighbor Stephanie Mosqueda and Stephanie‘s mother, Jessica Penamente. Y. located K. and the two emerged from the house and stood in the driveway. At trial, Y. testified that K. ―looked really scared.‖ Defendant eventually emerged from the garage, tossing objects about. According to Penamente‘s testimony, he yelled––at his ex-wife but in K.‘s presence––that ―[t]his is what I think about the F‘ing kids.‖ Penamente further testified that from a distance of approximately 15 feet, defendant said to K., ―you [expletive] little [racial slur] bitch I‘ll get you.‖ K. started crying and was in such a state…