People v. Borg CA4/1

I.

BACKGROUND

A. Events Leading up to Shooting Tyler suspected his wife Caroline of infidelity and in May of 2018 put a tracking device on their car without telling her. In December of that year, Caroline sent a text message to Justin Kiernan, a former boyfriend, and arranged to meet him. Caroline drove to Justin’s workplace on December 18 and met him in the parking lot. Tyler sent a text message asking Caroline where she was. She responded she was at a shopping mall, but that did not match the information provided by the tracking device. Later that day, Tyler told Caroline about the tracking device and that he knew she had been at a residential address, but she denied going to anybody’s house. Over the next few days, Tyler continued to press Caroline about her whereabouts on December 18, but she did not reveal she had met Justin. During those days, Caroline exchanged sexually explicit text messages and pictures with Justin and discussed how they might circumvent the tracking device and meet without Tyler knowing. On December 21, Tyler sent Caroline text messages stating: “I’m smart enough to not write down what I am ready to do to any man I know touches you and I’m not sure…