People v. James CA4/3

FACTS

1. 911 Call Around 4:00 a.m. on the morning of November 9, 2011, firefighter paramedics Gabriel Lopez and Gary Roglin responded to a 911 call from a residence shared by Payne, then 22-year-old James, James’s two sons, two-year-old Robert and one-year-old Jason V., and Andrea Partridge. Payne met the paramedics on the front porch of the residence, and he showed Lopez into a bedroom. Lopez saw Robert on the bed. His mouth and eyes were partially open, and his tongue was sticking out. Lopez heard Robert gasp for air, but this could have been an involuntary response known as agonal breathing. Lopez asked Payne and James what had happened to Robert, but neither responded. It appeared to Lopez they were apathetic and unconcerned because they were unemotional, unhelpful, and disinterested in Robert’s fate. After some amount of time, Payne said, “I can’t talk right now.” Eventually, James told Lopez that Robert had slipped and fallen in the bathroom on the morning of November 7. She was not at home because she had a doctor’s appointment. James had left Robert in Payne’s care. James also told Lopez that Robert had not been acting normally since the fall. In fact, he had been asleep…