People v. Moore CA2/7

FACTS

A. Trial Evidence The three Moore brothers, Tori, Nacho,2 and defendant all lived together in a house on Raysack Avenue in Lancaster. Defendant had moved into the house the day before the incident giving rise to this case. Tori’s girlfriend, Berethea Perkins, and her three young children also lived in the home. On March 16, 2012, Berethea’s friend, Ashley Mingo, stopped by the house to visit. Nacho’s girlfriend, Adrianna McGinnis, and their infant daughter, also were visiting. Sometime prior to 5:00 p.m. on March 16, defendant began consuming hard liquor. At times, he appeared angry and drunk. Later that evening in the living room, defendant began talking to Ashley and asked her out. Ashley told defendant that she was not interested in dating him because she liked women. Defendant became angry and “got in [Ashley’s] face.” He repeatedly called her “bitch” and threatened to “chop up” and burn her body and leave her in the desert. Tori tried unsuccessfully to calm his brother down. Around 10:00 p.m., Tori, Berethea, and Ashley left the living room and eventually went into the master bedroom and closed the door. Ashley was not comfortable staying in the living room with…