People v. Gilbert CA4/2

I. BACKGROUND

Gilbert’s girlfriend Jane Doe testified that on the morning of March 30, 2018, she

picked Gilbert up from jail, where he had spent the night. They went back to their shared

residence, had breakfast, and retired to the bedroom. Both were under the influence of

illegal drugs; at the time, Doe used heroin and methamphetamine every day, and Gilbert

smoked methamphetamine.

Soon, while Doe and Gilbert were still naked in bed, they began to argue. Gilbert

was upset because he believed Doe had been unfaithful to him, which Doe denied. The

argument “escalated to a physical situation.” Doe’s memory of the exact order of events

2 was hazy, but during the “situation” Gilbert tied her hands, punched her multiple times in

the head and ribs, “sliced” her legs and hand three or four times with a box cutter, burned

her with a methamphetamine pipe several times, and strangled her with his hands to the

point where she lost consciousness. Doe did not recall physically resisting Gilbert’s

violence, only telling him that she had not cheated on him and asking him to “please

stop.” She escaped after what she estimated to be “a couple hours.” When Gilbert went

to the bathroom,…