California, United States of America
The following excerpt is from People v. Gilbert, F074640 (Cal. App. 2019):
Viewing the evidence in the light most favorable to the prosecution (People v. Zamudio, supra, 43 Cal.4th at p. 357), defendant violently attacked and injured Christina on two prior occasions, dragging her from the bed she was sharing with their child during the first one and strangling her during both. He also attempted to kick down a door to get to her on a third occasion, at which time she was pregnant and during which children, including her child with defendant, were present. During the third uncharged incident, which led to defendant's arrest and incarceration in 2014, he told Christina he was going to blow her brains out and she was going to die. Police who responded located a loaded firearm in the room and Christina testified defendant was trying to get the weapon while he was strangling her.
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