People v. McGee CA6

I. FACTUAL AND PROCEDURAL BACKGROUND3

At approximately 4:22 p.m. on September 28, 2014, San Jose police officers responded to Valley Medical Center where the female victim reported that her boyfriend, McGee, had hit her in the eye. According to the victim, she and McGee had been dating for about two years and were living together. The victim said she and McGee were arguing earlier that day when he pinned her down on the bed and punched her in the face with a closed fist. She also told police he had attacked her previously, but she had not reported it though he had given her “ ‘black eyes,’ ‘bloody noses,’ and ‘bruises,’ a ‘handful of times before.’ ” Hospital staff informed police that the victim “sustained a black eye on her right eye and a broken ocular bone on the right side.” The victim subsequently advised the probation department that she needed plastic surgery for her injuries and would like restitution for her medical expenses. In his interview, McGee said he had hidden the victim’s stash of methamphetamine from her and she pulled a knife on him. As he grabbed her to take the

2 McGee was directed to pay a domestic violence fund fee of $500, a payment of $200 to the…