People v. Spells CA5

STATEMENT OF FACTS

I. Uncharged offenses

L.C., the biological aunt of defendant’s child, permitted defendant to live in her garage in Bakersfield between approximately May and August 2021. On May 1, 2021, L.C. phoned 911 and reported defendant had lunged at her with a knife. Bakersfield police officers were dispatched to the residence and defendant was ordered to leave. As he was preparing to do so, he pocketed what appeared to be a knife. On June 30, 2021, L.C. again phoned 911 and reported defendant was “pulling a knife out on [her] and [her] family” at her home. Officers arrived and took defendant into custody. They observed a knife with a red and black handle at the scene. On August 6, 2021, defendant phoned 911 and asked the operator, among other things: (1) “[I]f I murder somebody, can I call this number for you guys to come pick up the body?”; (2) “Do you know anything about the metaphysical?”; (3) “Who’s the guy you would call to pick up bodies?”; (4) “[W]ho can you not enforce the law on?”; and (5) “Would you send the guy out to come talk to me?” He provided L.C.’s address as his current location. When the operator inquired as to whether “something . . . happened…