The People v. McClain CA4/3

FACTS

In September 2008, defendant‟s wife (wife) told him she wanted a divorce. Defendant, a sheriff‟s deputy, asked if she was seeing another man and she eventually admitted she was. At defendant‟s request, wife took him to meet her lover, Michael, around 10 p.m. When Michael opened the door, defendant escorted him outside and led him and wife to the leasing office where wife worked and made her open the door. Once inside, defendant confronted Michael, asking “„How many times did you sleep with my wife?‟”

2 Michael took one step toward the door before defendant punched him in the face so hard that his head hit the ground and he appeared unconscious. Defendant got on top of Michael and repeatedly punched him in the head, causing Michael‟s body to convulse. When wife attempted to stop defendant, he punched and kicked her. Defendant then returned to punching and kicking Michael, who remained unconscious and did not move, saying, “„You are fucking my wife,‟” and “„Get up. Get up.‟” Wife tried to call for help but defendant threw her on the ground and ripped the phone out of the wall. When she tried to grab her cell phone out of her pocket, defendant grabbed it and beat her some…