People v. Scott CA5

FACTS

I

PROSECUTION EVIDENCE

Jolene Jones and defendant lived together off and on for 12 years, and had a child together. As of July 15, 2012, the two did not live together, but defendant came to Jones’s Hanford apartment every day to visit their son. The couple had had physical confrontations six or seven times during their relationship. One, which occurred in July 2011, resulted in defendant’s prior conviction for spousal abuse. On July 15, 2012, defendant arrived at Jones’s apartment in the morning. He was still there when defendant’s daughter, Ambry Perez, and her boyfriend, Johnny Gonzalez, Jr., arrived that evening. Jones, Perez, and Gonzalez planned to get high on methamphetamine. Defendant objected to Jones having company at 10:00 p.m., but Jones essentially let him know he did not live there, so she was going to have company over when she wanted. Defendant and Jones got into an argument over the subject. There was yelling, and Jones threatened to call the police on defendant. Jones went to the back door. Defendant said something to her, and put his arm around her from behind, holding her and choking her neck so she could not go near the door. When defendant first…