People v. Neaves CA3

Statement of Facts Prosecution’s Case Charged Acts In July 2011, Ty.L. was living in an apartment with her nine-year-old daughter T.M., her two sons aged four and five, a female roommate, and defendant who was her boyfriend. On July 7, several people were partying at the apartment because Ty.L. was moving out. Catherina Wilson and her boyfriend, Charles Fisher, were at the apartment and were intending to stay the night. Ty.L. told Wilson that when she and Fisher wanted to lie down she could take T.M. off of the bed and put her on the couch in the living room. Around 10:00 or 11:00 p.m., Wilson put T.M. on the couch. T.M. testified that while she was sleeping on the couch, she was awakened by defendant kneeling beside her and taking off her pajamas, which consisted of a combination skirt and shirt and her underwear. Defendant touched her vagina with his hand, poked inside her vagina with his finger, which hurt, and licked her vagina. This activity lasted about 10 minutes. Defendant told her not to tell anyone and then went back into Ty.L.’s bedroom. T.M. cried, put her skirt and underwear back on, but got her underwear on backwards, which others noticed after she got up in the…