P. v, Burgos-Avila CA3

BACKGROUND

Burgos-Avila became angry with the victim, his girlfriend at the time, when they were trying to put window tinting on her car. He told her to “kick rocks and leave.”

1 When she started to walk away, he yelled at her and told her that he was going to hit her and that she would regret it if she did not come back. She called 911, and he drove off. While the victim was waiting for the police to arrive, Burgos-Avila drove up and yelled at her to get in the car. When she refused, he got out of the car, grabbed her by her hair, dragged her to the car, and forced her into the back seat. She got out when he walked around the car toward the driver’s side, but he caught her again by her hair and dragged her back to the car. With the victim in the back seat, Burgos-Avila drove around for over an hour. Her phone rang multiple times, and he grabbed it from her. When she tried to regain possession of her phone, he grabbed her by her hair and pushed her down. As she continued to try to take her phone back, he pulled her hair and bit her arm. She scratched him, and he bit her ear. At one point while the car was moving, the victim shifted the car into park because she wanted someone to…