![]() ![]() On count 2, it convicted him of the lesser included offense of misdemeanor battery against a spouse or cohabitant (Pen. The jury found Merchant guilty as charged on counts 1 and 3. ![]() His primary defense was that there was no kidnapping- "What kidnapper allows his victim to call 911 and talk for ten minutes?" Counsel labeled her recorded statements a "hysterical, unbelievable version of what happened" and argued Lisa invented the kidnapping allegation because she was angry at Merchant. Based on this ruling, the prosecution introduced Lisa's statements to the highway patrol officer on December 22. Over defense objection, the court relied on a series of jail calls between Merchant and Lisa to apply the forfeiture-by-wrongdoing exception to the Sixth Amendment right to confrontation. (b).)1 Lisa never appeared for trial, and the parties stipulated she was unavailable (§ 240). The court allowed the prosecution to introduce Merchant's past acts of domestic violence-two directed at Lisa and six directed at his former girlfriend, J.C.-to show his propensity for domestic violence and his intent and common plan. 3 The case proceeded to trial in May 2017. (a)), and had a prior strike conviction (Pen. (b)), was previously convicted of a serious felony (Pen. The information alleged Merchant had served three prior prison terms (Pen. (a), count 2), dissuading a witness (Pen. (a), count 1), willful infliction of corporal injury (Pen. The Riverside County District Attorney (D.A.) filed an amended information charging Merchant with kidnapping (Pen. She described what happened in detail and estimated Merchant drove for 10 or 12 minutes as she begged to be let out. A California Highway Patrol officer interviewed Lisa at the scene. Merchant's vehicle was low on gas and would not restart. Law enforcement caught up just as Lisa managed to shift the gear into park. Merchant exited the highway and drove over a center island. ![]() When Lisa tried to call back, Merchant ripped the phone out of her hand and threw it out the window. I'll go to jail for life." At some point the 911 call dropped. Whatever, I already got a charge like this and shit. Furious, Merchant told her, "You're makin' me go to jail bitch. He's on 15 headed to San Diego, please somebody help me." She tried to convey their location and direction of travel. Lisa told the dispatcher, "my boyfriend − he is kidnapping me. Caltrans live feed 2 cameras captured Merchant's vehicle "going crazy" on the right shoulder of the freeway while a woman passenger screamed for help and tried to get out of the moving vehicle. Lisa felt something bad was going to happen to her she feared Merchant would drive to a deserted spot and beat her. He swerved and sped at 90 to 100 miles per hour down the freeway, going on the shoulder and nearly hitting several cars. As Lisa spoke to the emergency dispatcher, Merchant grabbed her by the hair and jacket. She managed to call 911 herself, further enraging Merchant. She tried to make eye contact with other drivers in hopes that someone might call for help. ![]() Concerned, Lisa asked to be dropped off at the shoulder. Merchant became angry and began driving recklessly. When Merchant continued going south past I-210, Lisa asked to be dropped off, saying she had things to do. On December 22, Lisa agreed to accompany him on a drive from Lancaster to a point near the junction with the Interstate 210 (I-210) freeway. FACTUAL AND PROCEDURAL BACKGROUND Merchant and Lisa started dating in January 2014. Finding no error, we affirm the judgment. Merchant challenges the admission of both categories of evidence. It further allowed the prosecution to introduce evidence of Merchant's prior acts of domestic violence against Lisa and his former girlfriend, J.C. Applying the forfeiture-by-wrongdoing exception to the Sixth Amendment right to confrontation, the court admitted her statements to law enforcement on the day of the incident. A jury convicted Jecarr Franswa Merchant of kidnapping, battery, and dissuading a witness after he careened down the freeway refusing girlfriend Lisa R.'s pleas to stop or let her out, pulled Lisa's hair, and flung her cell phone out the window as she tried to call 911. Garland, Assistant Attorney General, Melissa Mandel and Genevieve Herbert, Deputy Attorneys General, for Plaintiff and Respondent. Engler, Chief Assistant Attorney General, Julie L. Xavier Becerra, Attorney General, Gerald A. Law Office of Corey Evan Parker and Corey Evan Parker for Defendant and Appellant. APPEAL from a judgment of the Superior Court of Riverside County, Bernard J. RIF1406238) JECARR FRANSWA MERCHANT, Defendant and Appellant. Filed 10/9/19 CERTIFIED FOR PUBLICATION COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA THE PEOPLE, D075388 Plaintiff and Respondent, v. ![]()
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