People v. Miears CA3

FACTS

Defendant was married to Judith Posehn, who was 71 years old when defendant committed his crimes. The marriage was not good because defendant was, in Posehn’s words, “drunk all the time and doing drugs and staying out all night.” On September 18, 2011, defendant left the house in the morning and did not communicate with Posehn until around 8:00 p.m., when he called to say that he was coming home. She could tell he had been drinking. When defendant got home, Posehn was already in bed. Defendant drove into the driveway, hitting the garage door. He then kicked or banged on the security screen door, so Posehn’s daughter-in-law, Angel, would let him in. The noise woke up Posehn. Angel went to the kitchen, and defendant also walked into the kitchen and sat down at the table. He talked about the different kinds of alcohol he had drunk that night. Angel described defendant’s demeanor as “goofy” and “joking around.” Posehn came out of her bedroom and sat down in a chair in the living room. Defendant approached her and punched her in the side of the head with his fist. Defendant said, “This is what you forced me to do.” Angel tried to use the telephone to call 911, but defendant…