People v. Preston CA3

BACKGROUND

A. Factual Background Defendant and A.V. began dating in July 2012; they moved in together in December 2012. By 2013, despite frequent arguments, they were talking about marriage. Then, in May 2014, an argument that began as verbal insults escalated to physical abuse. Defendant head-butted A.V., leaving a “gash” above her eye, and punched her repeatedly in the face. Defendant took A.V. to the hospital and left her there; he threatened to break her jaw unless she told hospital personnel she fell in the shower. A.V. was afraid of defendant so she complied. The day after being beaten by defendant, a coworker noticed A.V.’s injuries. A.V. told her what happened and the coworker encouraged A.V. to file a police report, which A.V. did. Photos were taken of the injuries A.V. sustained when defendant punched her in the face. The photos show stitches above her left eyebrow and a black eye, as well as marks above her lip. Following the physical abuse, A.V. ended her relationship with defendant. Two years later, A.V. reached out to defendant on social media; she wanted “closure,” maybe an “apology.” After several weeks of contact over social media and eventually in person,…