People v. Henderson CA3

BACKGROUND

James’s sister and brother, C.J. and A.J., respectively, were in C.J.’s apartment one evening, along with C.J.’s boyfriend and daughter. James had lived at the apartment, but moved out to stay with defendant, whom she was dating. Some of her possessions, including the pot of a rice cooker, were still at the apartment. C.J. and James had recently argued, and James had threatened to “beat [C.J.] up.” While C.J. was in the shower, James knocked on the apartment door. C.J. did not want to let her in the apartment, but decided she was there to pick up the piece of the rice cooker, so she got out of the shower to give it to her. A.J. opened the door and James rushed into the apartment, grabbed the pot for the rice cooker, and confronted C.J. She challenged C.J., asking if she wanted to fight, but C.J. refused. James then pulled out a

2 handgun, pointed it at C.J., and started “waving it around.” A.J. put his hand on James’s shoulder and told her to calm down. Defendant then came into the room with a “compact assault rifle,” pointed it at A.J., and said, “get your hands off my bitch.” A.J. raised his hands in the air and said James was his sister, and defendant replied, “no,…