People v. Spence CA3

FACTS AND PROCEDURE

The victim, A.H., was a 54-year-old preschool teacher at the time of the crimes in 2012. She learned she was HIV positive in 1994. She informed defendant of her HIV status in 2011 before they became romantically involved in early 2012. Defendant eventually moved in to A.H.’s residence and shared a bedroom with her, engaging in unprotected sex with her many times. A.H. weighed about 127 pounds, and defendant was substantially larger. The relationship was volatile, and defendant became more controlling. He moved out and back in to the residence a few times. In the summer of 2012, defendant grabbed A.H. by the neck. She was not injured, and defendant did not attack her again until the crimes at issue in this case occurred in October 2012. On October 28, 2012, A.H. was in her backyard when defendant arrived. She greeted him, and he responded by shaking his finger at her and saying, “I’m sick of you. I’m sick of you.” Defendant picked up A.H. and threw her into a garbage can, which tipped over. After he threw her into the garbage can, he picked up a five-gallon water bottle and hit her in the head with it numerous times. A.H. tried to stand up, but defendant…