People v. Valdez CA4/2

BACKGROUND

I. Evidence regarding charged offenses

Jane and her late husband had several children together, including Mary. Jane and

Valdez started dating in October 2021, after her late husband died in 2019. She and her

children lived with Elsie K., who is the children’s paternal grandmother (Grandmother).

Valdez moved in with the family around November 2021. During the first month or two

that he lived there, Grandmother thought that Valdez seemed very nice, and he was good

with the children. But things changed after the first few months.

The events underlying Valdez’s conviction occurred in April 2022. Eight-year-old

Mary ran into Grandmother’s room crying and said that Valdez was attacking Jane. Jane

and Valdez came out of their room and were arguing; he was cursing at her, calling her a

“bitch,” and threatening her. He accused her of “messing around with somebody.” He

then grabbed Jane’s throat, pushed her against Grandmother’s bedroom door, and choked

her. Grandmother could hear Jane gasping for air. Valdez suddenly let Jane go, and she

fell to the ground, coughing and still gasping for air.

2 Grandmother tried to leave to pick up Jane’s son from school, but…