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P. v. O’Brien CA4/2
Defendant had a son with his ex-girlfriend, Desseray Mariscal. Shortly after they broke up, Mariscal began a relationship with the victim, Rudy Areyan.
Mariscal and Areyan got into an argument when they were doing laundry together at a laundromat. Mariscal left the laundromat with her son in her car and told Areyan that she needed to “cool off.” Areyan followed Mariscal in his car as she drove away. Mariscal texted him, telling him to go away, but he continued following her.
While driving, Mariscal called defendant and told him about the situation. Defendant was concerned about his son and told Mariscal to meet him where he was. He told Mariscal that he would “deal with it.” Mariscal drove to where defendant was located.
The evidence about what happened next is conflicting. According to Mariscal, when she arrived at defendant’s location, defendant was outside waiting for her and Areyan, who was still following her.

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