People v. Kamilchu CA3
Opinion
Opinion
BACKGROUND
Defendant was charged with two counts of assault with a deadly weapon or instrument on a peace officer by force likely to produce great bodily injury (Pen. Code,1 § 245, subd. (c); counts one & two); willfully and maliciously setting fire to, burning, or causing to be burned an inhabited structure or property (§ 451, subd. (b); count three); and knowingly violating a protective order (§ 273.6, subd. (d); count four). A The Prosecution’s Case Defendant was S. D.’s former boyfriend. On January 19, 2018, S. D.’s two sisters went to the hospital to pick her up after she gave birth to her second child with defendant. S. D. and her sisters went to S.D.’s house to pick up some items. One of S. D.’s sisters waited in the kitchen while S. D. and her other sister went upstairs. S. D.’s sister, who remained downstairs, grew concerned defendant might be in the house and, knowing of the restraining order S. D. had against defendant, told her sisters to hurry. S. D. and her sisters met in the garage. S. D. was on the phone arguing with defendant and was considering going back inside. Her sister called 911. She believed defendant was threatening S. D.