People v. Ortiz CA5

STATEMENT OF FACTS

I. Monique L.

Monique knew defendant since childhood. On the evening of May 29, 2015, she and Joanna M.2 were with defendant at his residence in Mendota when defendant told the women that he was going to give Fuentes-Martinez a ride home to Dos Palos. Defendant asked the women to accompany him. The three went in defendant’s truck to a recreation area for boating and skiing where they picked up Fuentes-Martinez. Defendant then drove to a gas station to refuel. Monique sat in the front passenger seat while Joanna and Fuentes-Martinez sat in the back. Monique noticed that the truck’s transmission was “slipping” and suggested that someone else take Fuentes-Martinez home. Using defendant’s phone, she sent a text message to Frankie A.—a “really good friend”— asking him to give Fuentes-Martinez a ride, but he did not respond. Afterward, the four resumed their trip to Dos Palos. Upon arriving in Firebaugh, Fuentes-Martinez asked defendant to pull over so that he could relieve himself. Defendant parked next to “a bunch of trees by a canal bank.” Thereafter, Joanna and Fuentes-Martinez “came out like flying,” the former striking the latter for touching her…