People v. Thornton CA2/1

FACTS AND PROCEEDINGS BELOW

Because this is an unreported opinion and the parties are familiar with the facts we will dispense with their recitation here. To the extent they are relevant, the facts are discussed in our resolution of the issues below.

DISCUSSION

The alleged victim, Olivia Thurman, testified that during an argument between defendant Thornton, her boyfriend Josh Miller and her, defendant Thornton struck her with a mop handle and said to her: “Do you know who you’re talking to? I’m B.P.S. You will die.”1 A short time later, Thurman testified, Thornton again told her: “‘I’m Black P Stones,’ and [you] will die.” A jury acquitted Thornton of assault with a mop handle but convicted him of one count of making criminal threats. Thurman was the only witness to testify to the alleged threats and Thornton attempted to impeach her credibility. Thornton asked Thurman whether her boyfriend, Miller, was present during the argument in violation of a domestic violence restraining order obtained by her. The court sustained the prosecutor’s objection to the question on the grounds of relevancy. Thornton argues the question was relevant to show that Thurman would lie to the police…