People v. Burnett CA2/2

FACTS

Prosecution Case At 2:00 p.m. on March 17, 2011, Candy Sumlin (Sumlin) was walking up the stairs to the train platform at the Avalon Green Line Station. When she reached the platform, appellant grabbed her in a tight bear hug. Appellant mumbled twice, “I’m going to kill you,” and “I’m taking you with me.” Sumlin struggled and screamed for help. She could not break free. Sumlin felt her feet leave the ground and appellant dragged her towards the train tracks. She could hear a train coming and thought she was going to die. She continued to scream for help and some men came to her rescue. They knocked appellant down and he took Sumlin with her as he fell. She managed to break free with the help of the other men. A video of the incident was captured by security tapes and played for the jury. Sumlin ran down the stairs and called her mother, who told her to take a train to the next station where she would pick her up. Sumlin did so, but she was still scared and continued to cry even when she reached her mother’s house. At the house, Sumlin saw a

1 All statutory references are to the Penal Code unless otherwise indicated.

2 video of the incident on the nightly television news…