PEOPLE v. BANOS
178 Cal.App.4th 483 (2009)
Court of Appeals of California, Second District, Division Eight.
October 19, 2009.
"[DEFENDANT]: I am going to kill you. (Unintelligible.)"
The sound of Officer Armendariz entering the apartment a second time then can be heard on the tape.
Officer Armendariz testified that, about 10 minutes after first leaving Cortez, he was dispatched back to her apartment "code three," which means with lights and siren activated. When Armendariz arrived back at the apartment, defendant was sitting on the couch next to Cortez. Defendant was arrested. On July 23, 2003, a protective order was issued which restrained defendant from annoying, harassing, striking, threatening or disturbing Cortez for a period of three years.
2. December 30, 2003
Some six months later, Officer Armendariz and his partner, Officer Mark Neufeld, were dispatched to Cortez's apartment to investigate a possible violation of the restraining order. When they arrived, Neufeld saw defendant walking out of Cortez's apartment. Defendant told Neufeld that he had arrived about an hour earlier; defendant said he was aware of the restraining order but wanted to reunite with Cortez. The officers also spoke to Cortez, whom Neufeld described as "frightened, very nervous." Defendant was arrested a second time.