People v. Smallen CA4/2

FACTS

On February 2, 2012, defendant, then 19 years old, stabbed and slashed Jane Doe

multiple times with a pocket knife. Doe had been walking and jogging on a hiking trail

in the neighborhood where both she and defendant lived. Doe did not know defendant

and had never seen him before. Defendant approached Doe from the opposite direction,

then turned and walked behind her, at first at a distance of 30 to 50 yards. He passed her

on a hill, then fell behind and walked behind her again for some distance. Doe heard

someone running up behind her and then felt a knife stab her left shoulder and then her

back. She turned and looked defendant in the face. Defendant said nothing but smiled

and continued striking at Doe with the knife as she attempted to block the blows with her

arms. Doe said that defendant appeared to be “whacked out” or “crazy.” Doe saw

William Dennick riding toward them on a bicycle. She fell to the ground to attract

Dennick’s attention, and defendant turned and ran. Dennick, who was then studying to

become an emergency medical technician, tended to Doe and called 911.

Ric Van Der Linden, who lived in a house adjacent to the trail, heard screaming

and saw…