People v. Duff CA3

BACKGROUND

The facts are taken from the preliminary hearing, which formed the factual basis for defendant’s plea. Meghan Eades and defendant were hosting a party in their home on October 24, 2014. Cody Radford was drinking heavily at the party and was so drunk he had a hard time standing. Meghan told Cody to leave the party because he was causing disturbances. Party attendee Zack Lacy subsequently found Cody on the ground in the driveway and got him to stand up. Cody started walking back toward the house but Meghan yelled at him and shoved him, causing Cody to fall to the ground. Defendant suddenly put Cody in some type of chokehold and repeatedly punched him in the head. Cody was too intoxicated to fight back. Meghan screamed for defendant to stop when it became clear that Cody was unconscious. Zack grabbed defendant and told him to stop, but defendant kicked Cody in the head. Zack told defendant to leave and defendant walked away. Zack was training to be an emergency medical technician and began tending to Cody. He saw that Cody’s eyes were starting to swell and he was blowing blood bubbles from his mouth. Zack stayed with Cody until the ambulance arrived, but Cody died at the…