People v. Davis CA5

FACTS

Kevin Toledano and Beverly Watkins had lived together for many years. Their daughter, Katrina McDermott, was Davis’s fiancée. McDermott had three children. Davis was the father of two of McDermott’s children and she was pregnant with Davis’s third child. Watkins’s sister-in-law, Betty Jones, lived in an apartment with McDermott’s parents. Jones was bedridden, could not walk, moved by wheelchair, and was on dialysis. Toledano had a problem with his back and used a cane. Jones called McDermott on April 8, 2012, Easter Sunday, about noon or 1:00 p.m. Jones told McDermott that Toledano and Watkins were arguing. McDermott could hear yelling and screaming over the telephone and Watkins asking Toledano to leave her alone. Jones reported that Toledano threw something at Watkins. McDermott had talked to Davis about the difficulties between her parents, although he had not been present during a fight between McDermott’s parents. McDermott told Davis that her mother had been hit by something thrown by McDermott’s father. McDermott, Davis, and the children went to McDermott’s parents’ apartment to see if Watkins was alright. McDermott was not aware that Davis had any weapon. When they…