People v. Rubin CA2/2

FACTS

Louise Graham lived in Los Angeles with her husband K.O. and sons C.O. and Ca.O., ages 10 and 13. C.O. knew his mother had male friends who spent the night with her; it was not a secret. Ca.O. testified that appellant spent time at the family’s home and sometimes spent nights with Graham. On May 27, 2018, K.O. went to church and Graham went shopping. When she returned, appellant was with her; he and her sons unloaded groceries from her car. That evening, C.O. played video games in his bedroom with a friend, Alan V., with the door ajar. C.O.’s bedroom is near his mother’s, which has its own bathroom. C.O. heard his mother say, “Give me back my keys,” and appellant say, “shut up, bitch.” C.O. was certain the two cursed each other and talked about house keys on the day she died.

____________________________________________________________ 1 Undesignated statutory references are to the Penal Code.

2 Another argument between them arose two months earlier, when his mother became angry because appellant was with a girl. C.O. heard his mother say “help.” Though he recognized her voice and Belizean accent, C.O. did not react because “I thought someone was saying it on the game.”…