People v. Darling CA3

BACKGROUND

On April 6, 2020, Darryl Jackson was sitting in front of a fast-food restaurant, waiting for a take-out order, when a young woman ran up to him and asked for help. “My boyfriend is going to kill me,” she said. Crying and shaking, the woman sat down next to Jackson in the outdoor tent provided by the restaurant (due to COVID-19 safety protocols). Defendant appeared moments later and addressed the woman, “Bitch, didn’t I tell you to stay in the car?” Defendant then struck Jackson on the head, and both men went to the ground, defendant on top of Jackson. The two struggled as Jackson (who was “kind of disoriented”) tried to hold on to defendant “so [defendant] wouldn’t hit” him again. Defendant mumbled “[l]et go of me” several times. Jackson eventually let go, and defendant departed the tent area. Surveillance video footage introduced as evidence at trial showed the two men scuffling for about 30 seconds as defendant appears to kneel on Jackson and press down on the head/neck area of Jackson with his left hand. For some of that time, defendant’s right arm and right hand are not visible, as they are behind defendant’s body and obscured from the surveillance camera’s view.…