People v. Defelice CA2/6

FACTS

L.D. had a sexual relationship with Defelice. She was homeless, but they had lived together in a hotel and at the beach with camping gear. She shared money, food, and camping gear with him. He stored his items in her storage unit. L.D. ended her relationship with Defelice. She met another man and lived with him. Years later L.D. became “reacquainted” with Defelice. She testified that as of January 2016, she had had a “casual relationship” with Defelice for “three or four years.” One day when L.D. was living in an apartment, she loaned Defelice $20 to buy alcohol. After Defelice returned, he strangled L.D. and slammed her head to the floor. L.D. “thought that [she] was going to die.” She had to “gasp for air.” The next thing she remembered was waking up in the hospital. Police Officer Yumaira Kirk responded to a dispatch call. A neighbor heard “a female yell for help.” Kirk arrived at L.D.’s

2 apartment. Police Officer Justin Hesketh was there. Hesketh knocked on the door and said, “Open the front door now.” Hesketh heard a male voice say “Be quiet” and “I’m going to jail.” He then heard somebody running in the residence. L.D. eventually opened the door. She was “in shock,…