Ayers

INTRODUCTION AND FACTUAL OVERVIEW

At approximately 11:00 p.m. on August 13, 2003, defendant Allen Thomas Ayers visited Marisa M. at her apartment. Marisa and defendant had been living together “on and off” for the past four years and she is the mother of defendant’s two youngest children. They began arguing. Defendant repeatedly struck Marisa on the face and head. During the week following the incident, Marisa told police officers and others that in addition to striking her, defendant also forced her into a bathroom where he hit her, choked her, tied her up, held a knife to her throat and threatened to kill her (the August incident).

It was decided during the early morning hours of August 14 that defendant would take Marisa and their children to the coast. On the way, defendant stopped to purchase cigarettes. After he left the car, Marisa ran into a nearby store and asked someone to call 911. An unidentified store clerk telephoned 911 for emergency assistance; the clerk’s conversation with the dispatcher was recorded (the 911 call). The police arrived soon thereafter. After taking Marisa’s statement, the responding officer took photos of her face and gave her some…