P. v. Espinosa CA5
Defendant and M.M. were in an on-again, off-again dating relationship for several years. Defendant had a history of physically abusing M.M. while they were together, and harassing her when she tried to end the relationship on different occasions.
On May 6, 2019, at 3:00 a.m., defendant entered M.M.’s home wearing a Halloween mask and carrying an air soft rifle or pellet gun. M.M., her parents and four siblings were inside the home. Defendant demanded their phones, chased them, and slammed a door into one of their legs, bruising it. He slapped M.M. so hard that he knocked her down. During this altercation, he also fired his gun at M.M.’s family members three times, narrowly missing them. He fled when they said someone would hear him and call the police. The family called 911 but defendant had already fled by the time police officers arrived.
M.M. next saw defendant less than a week later, on May 12, 2019, as she exited her grandmother’s home.
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