The People v. David CA5

FACTS

At the time of the incident, defendant and C.H., the victim, had been in a relationship for approximately 15 years. The two were living together during the relevant time with their minor son N.H. Beginning in February of 2011, the relationship between defendant and the victim became strained. C.H. recounted some instances of defendant’s violence towards her. She recalled an instance where defendant threw a bottle at her, causing a bruise on her back. On another occasion, defendant threw a flashlight at her, striking her forearm and causing an injury. In September of that year, defendant began threatening to cut the victim’s throat when he was angry with her. On September 2, 2011, defendant began moving out of the house due to an argument with the victim. The following day, while defendant was taking items to the car, the victim approached defendant and told him to be sure to take everything with him. According to the victim, defendant approached her, told her to shut up, and jabbed her lip with his finger.3 She recalled defendant’s mother Shirley Williams was present during the incident. N.H., who was 10 years old at the time of the trial, testified that he witnessed…