People v. Bolduc CA3

BACKGROUND

Defendant and the victim were involved in an ongoing dispute. After the victim’s most recent actions in the dispute, defendant wanted to kill the victim. He barged into the

1 Undesignated statutory references are to the Penal Code.

1 home of L.M., a third party, and said, “Are you going to give me a gun or do I have to do this by hand?” Defendant appeared to be in an altered state. He “looked like Satan,” his face was red, his fists and jaw clenched, and he spoke loudly and aggressively. L.M. suspected defendant had been using drugs. L.M. told defendant she did not have any guns. Defendant replied, “I guess I’ll have to do it by hand then.” Before he left L.M.’s home, defendant stated he intended to find a gun and if he could not, he would go to the victim’s house and “kill her with just his hands.” Responding to a 911 call, law enforcement officers went to both L.M.’s and the victim’s homes. The next day law enforcement officers arrested defendant and told the victim that defendant was in custody. The victim requested an emergency protective order. The victim also told the probation officer she was very fearful for her life and the safety of her children and she was…