People v. Cooper CA5

STATEMENT OF FACTS

I. Prosecution case-in-chief.

a. Nicole S.6 (counts 1 through 4) On June 19, 2012, Nicole and her friends were at a beach along Kings River in Laton, California. Defendant, who was driving a jet ski nearby, stopped, and asked, “[w]ho wants a ride.” One of Nicole’s male companions asked for a ride. After they returned, Nicole did not want to go for a ride, but “everyone [said] … go, go” and defendant said, “yeah, come on,” so Nicole got on the jet ski with defendant. Defendant had Nicole ride in front of him. Defendant’s hands were on the handlebars; the handlebars included the throttle. The two headed down the river. When they reached a fork in the river, defendant tried to steer to the left, but Nicole took hold of the handlebars and steered to the right. By this time, she smelled alcohol on defendant’s breath. Defendant pulled closer to Nicole, stated he was drunk, touched her waist, and asked, “What are you going to do for me?” She answered, “What do you mean what am I going to do for you? You just gave him a ride, what did he do for you?” Defendant replied, “Well, you’re a bitch, what are you going to do for me?” Defendant and Nicole came to a weir…