People v. Danyeur CA3

FACTS AND PROCEEDINGS

Katie’s 911 Calls and the Trial Court’s Forfeiture By Wrongdoing Finding On March 13, 2022, Katie called 911 three times: at 7:20 a.m., at 10:31 a.m., and at 11:22 a.m. The 911 calls were played for the jury. In the first call, Katie told the 911 operator that her boyfriend was assaulting her. Katie can be heard on the 911 call accusing defendant of punching her in the face and in the forehead. She appeared to further accuse defendant of jumping on her, grabbing her face, and covering her mouth when she tried to scream for help. Katie would not provide defendant’s name to the 911 operator, stating her brother was in a motorcycle gang, and she could not “go telling people’s names.” Deputy Irie McCleave responded to Katie’s house at around 7:30 a.m. and interviewed her. Katie refused to provide the name of her assailant and would not allow McCleave to conduct a protective sweep of the house. McCleave did not notice any injuries on Katie’s face, and did not see anything that made him want to search the house. In the second 911 call, Katie said that defendant had returned to the house and was damaging it, and that she was scared. This time, Katie provided…