People v. Argel CA2/6

Filed 8/2/16 P. v. Argel CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B263628 (Super. Ct. No. 1488691) Plaintiff and Respondent, (Santa Barbara County)

v.

JOHN WILLIAM ARGEL,

Defendant and Appellant.

John William Argel appeals judgment after conviction by jury of corporal injury to a dating partner (Pen. Code, § 273.5, subd. (a)),1 making criminal threats (§ 422), and elder abuse (§ 368, subd. (c)). He contends the trial court erred when it struck Argel’s trial testimony after he refused to answer questions about communication with the victim. We affirm. FACTUAL BACKGROUND Argel and Nicole Gautreaux began dating in December 2013. The couple engaged in an on-and-off relationship over the next seven to eight months. In August 2014, Argel and Gautreaux went out for drinks. Argel spoke with another woman, causing Argel and Gautreaux to argue.

1 All statutory references are to the Penal Code unless otherwise stated.

They went to Gautreaux’s house, where the argument continued. It became physical. Argel struck or pushed Gautreaux, causing her to fall on the floor. He climbed on top of her and put his hands on her throat. He may have punched her in the back of the head. He picked her up by her neck and pushed her against a wall. She escaped into the bathroom, but he followed and pushed her against a cabinet, knocking items from the shelves onto the floor. He asked her if she “wanted to die tonight.” Argel made Gautreaux drive him home. When they arrived, he accused her of being unfaithful. He grabbed her hair, and acted as if he was going to burn her face with a cigarette. He apologized, but blamed her for everything that happened. Gautreaux went home and called 911. When Deputy Sheriff Christopher Macauley arrived, Gautreaux was crying and hysterical. She told him what happened. She had difficulty speaking. Macauley saw marks and bruising on her face and neck, redness and swelling on her arms, bruising and redness on her calf, and red marks along her collarbone. He found fallen items on the bathroom floor. Deputies went to Argel’s home. He stood at the top of the stairs with a gun pointed at his head. He said he would not come downstairs. He said he was a “two- striker” and that he was “not goin[g] back to prison.” After a long standoff, he surrendered and was taken into custody. Prior to trial, the court issued a domestic violence restraining order prohibiting direct or indirect contact with Gautreaux. Argel nevertheless made numerous efforts to contact Gautreaux, including “several hundred” phone calls from jail to her phone. In a November 2014 call, Gautreaux told Argel she forgave him and still loved him. In December 2014, Gautreaux met with Argel’s lawyer and investigator. She said Argel did not assault her. She said she called 911 because she was mad and drunk. She said Argel did not ask her if “she wanted to die.” Gautreaux later decided it was a mistake to contact Argel’s defense team. She refused to speak with them further. At trial, she testified that Argel assaulted her.