People v. Casler CA6

FACTS

In December 2010, defendant and L. C. (Victim) met at a residential drug and alcohol treatment program. They were both in recovery. Defendant was addicted to prescription drugs. Victim abused alcohol. Three months later, defendant moved in with Victim. Shortly thereafter, defendant’s 17-year-old daughter (Daughter) moved in with them. Defendant and Victim lived together for about three months and then broke up. Thereafter, defendant maintained his sobriety, but Victim relapsed and started abusing alcohol again. After the break up, defendant and Daughter moved out of Victim’s home, but because Daughter preferred living with Victim, she returned to live with her. On June 11, 2011, defendant went to Victim’s house. Defendant was angry because Victim had broken her sobriety and was “sheltering” Daughter. He told Victim, “If you don’t let me take my daughter, I’m going to kill you.” Defendant then punched

2 Victim in the face, causing her to fall and hit her head on an unknown object. When Victim was on the floor, defendant kicked her multiple times and said, “You don’t deserve to live.” Victim did not report the assault to the police, but she told her father about it. Two days…