People v. Barnes CA3

BACKGROUND

A man named Jarius met a prostitute named Jenny online and arranged to meet at Jenny’s apartment. Shortly after Jarius arrived at the apartment, defendant called Jenny. Defendant lived in an apartment near Jenny and defendant and Jenny had been in a romantic relationship for over 10 years. Defendant told Jenny he was outside her apartment door and to open the door. Jenny told Jarius to stay in her bedroom. She allowed defendant into the apartment, thinking she could get rid of him. But when defendant did not appear to believe her statement that no one was in her apartment, Jenny told Jarius to come out of the bedroom.

Undesignated statutory references are to the Penal Code.

2 Defendant had a gun, which Jarius described as a black semiautomatic pistol. Defendant pointed the gun at Jarius’s face and told Jarius not to look at him. Jarius testified that defendant hit him on the back of the head with the gun, but Jarius did not sustain any injuries to the back of his head. Jenny said defendant hit Jarius with his hand; she was not sure if the same hand was holding the gun. Defendant ordered Jarius to get on the ground and stomped on Jarius’s shoulder, back, and head.…