The People v. Shaw CA4/2

I. FACTS

A. The Prosecution’s Case

In the summer of 2007, defendant was living with Elisa Lopez, a technician at

Menifee Valley Medical Center. On July 21, Lopez did not show up for work, and a

coworker, Bobbi Garrison, called defendant to inquire. Defendant told Garrison that he

and Lopez had a fight because he came home drunk and missed their “date night.”

Defendant had fallen asleep in the loft, and when he woke up, Lopez was not there.

Defendant asked if Garrison knew where Lopez was or who she was with. She told him

to call the police. Garrison tried calling Lopez‟s cell phone many times but there was no

answer. About 10:45 a.m., Garrison went to Lopez‟s home and found both of her cars

there. Garrison knocked on the door and rang the doorbell, and when no one answered,

she entered the house through an unlocked door. She went to the master bedroom and

noticed the bed had been completely stripped of bedding. Not finding Lopez, Garrison

left.

Defendant called 911 at approximately 11:00 a.m. to report that his girlfriend had

not come home the night before. Corporal Steven Whittington of the Murrieta Police

1 All further statutory references are to the Penal Code…