People v. Headen CA1/3

Filed 2/13/24 P. v. Headen CA1/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIRST APPELLATE DISTRICT DIVISION THREE

THE PEOPLE, Plaintiff and Respondent, A166724 v. BRIAN CHRISTOPHER HEADEN, (San Mateo County Super. Ct. Defendant and Appellant. No. 21NF005707A)

A jury convicted Brian Christopher Headen of, among other things, making criminal threats to Jane Doe. (Pen. Code, § 422, subd. (a); undesignated statutory references are to this code.) The trial court sentenced him to two years in prison on that count. On appeal, he contends insufficient evidence supported his conviction. We affirm. BACKGROUND Headen and Doe were in a two-year relationship during which he frequently committed acts of domestic violence — at least twice per month and getting more serious over time. Once, he burned her on her chest with a cigarette, scarring her; he thereafter sprayed her with mace she kept on her key chain. Another time, he slapped her, and she suffered a black eye. On a third occasion, he hit her twice after she deleted a woman’s message from his phone. He also repeatedly threatened her and her family. He told her “he

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knew where to find” her and her children “if [she] ever left,” and he watches “48 Hours” — a true crime television program — so “he knows how to kill [her] and get away with it.” He also threatened to “beat [her] father’s ass,” who was 73 years old at the time. Because of these threats, Doe’s children went to live with her uncle and ex-partner. She did not report the abuse to the police because she “thought he would really try to kill [her] or do something to [her] kids.” He had a volatile and explosive temper, particularly after drinking alcohol, and he always kept a knife in his pocket. On May 9, 2021 — the day the conduct underlying the count occurred — Headen repeatedly called Doe while she was at her grandmother’s house. When she didn’t answer, he texted her, “bitch, whore, you are not answering your f’ing phone, you are going to see what I’m going to do to you.” She took his message as a threat “[b]ecause he always threatened . . . and put his hands on [her],” and she was worried he’d “cause injury to [her].” She also feared for her family’s safety. She called him “right away, because [she] knew he was upset.” He answered, hung up on her, and then called her back; he repeated this “harassing” pattern — hanging up and calling back — multiple times. Ultimately, he demanded she give him $500 and said he would “do something to [her]” and take her and her children’s belongings if she refused. She interpreted this as a threat to “harm” her and worried she might die. She called the police; while she was on the phone with them, he called several more times. Headen subsequently drove to the home of Doe’s grandmother. He called Doe, told her he was there, and demanded she come outside. She was scared to do so, worried he would kill her. When she didn’t go outside, he drove off, only to return minutes later on foot. Doe — on the phone with the police — opened the curtains and saw him standing outside. When she