People v. White CA1/5

BACKGROUND

A.

White and Jane Doe had been engaged for about two years when, in early 2020, they decided to take “a break.” Doe testified that White moved out of her Antioch apartment at that time.

About six months later, in June 2020, White showed up at Doe’s apartment, let himself in (through the unlocked front door),

1 and said he wanted to talk about their relationship. Doe repeatedly asked him to leave. White refused and became angry. Doe ran out the door to the stairs, yelling “ ‘[l]eave me alone,’ ” but White caught up to her. White grabbed her (from behind) with two hands around her neck, spun her around, and then choked Doe, while also moving her body left to right. As she gasped for air, she heard someone yelling “ ‘[s]top, stop.’ ” Eventually White let go.

One of Doe’s neighbors corroborated her account. Specifically, the neighbor said she saw a tall, large African American man strangling Doe, who was also being “moved around like a rag doll.” After the neighbor yelled, “ ‘[s]top it,’ ” the man eventually let go and the neighbor called the police.

Doe testified that, as a result of being choked, she had trouble talking. However, when police arrived that night, she…