The People v. Pierre CA2/5

FACTS

Prosecution

Defendant was interested in Melissa D. romantically and sexually. Although Melissa knew defendant, she did not reciprocate defendant’s feelings, nor was she involved in either a sexual or romantic relationship with him. Defendant called Melissa often between June 2010 and February 2011. Melissa was concerned at the frequency of the calls. She felt defendant was stalking her and believed it was necessary to change her phone number. She called the police to get a restraining order against defendant.

All further statutory references will be to the Penal Code, unless otherwise designated.

Three additional counts were dismissed.

2 At approximately 9:00 p.m. on February 25, 2011, Melissa received a phone call from defendant. Defendant did not speak to her but instead just “h[e]ld the phone.” Melissa went home to her apartment alone and fell asleep on her bed next to the window. At approximately 11:30 p.m., Melissa awoke to find defendant leaning through the window next to her bed and choking her. Defendant was squeezing her neck so hard that Melissa could barely speak or breathe. He had a scalpel in his hand and threatened, “Bitch, I am going to kill…