People v. Rucker

• Decision Date: 15 February 2005
• Docket Number: No. D043159.,D043159.
• Citation: People v. Rucker, 25 Cal.Rptr.3d 62, 126 Cal.App.4th 1107 (Cal. App. 2005)
• Court: California Court of Appeals
• Parties: The PEOPLE, Plaintiff and Respondent, v. Carole Ann RUCKER, Defendant and Appellant.

25 Cal.Rptr.3d 62

126 Cal.App.4th 1107

The PEOPLE, Plaintiff and Respondent, v. Carole Ann RUCKER, Defendant and Appellant.

No. D043159.

Court of Appeal, Fourth District, Division 1.

February 15, 2005.

Certified for Partial Publication.^*

As Modified on Denial of Rehearing March 3, 2005.

Review Denied May 18, 2005.

Appellate Defenders, Inc., and Randall Bookout, San Diego, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Ronald A. Jakob and Warren P. Robinson, Deputy Attorneys General for Plaintiff and Respondent.

McCONNELL, P.J.

Carole Ann Rucker was convicted by a jury of attempted murder involving the personal use of a firearm and great bodily injury (Pen.Code, §§ 664, 187, subd. (a), 12022.53, subd. (d), 12022.7, subd. (e)) and of exhibiting a firearm in the presence of a peace officer (Pen.Code, § 417, subd. (c)).

On appeal, Rucker contends the court erred in admitting a prior domestic violence incident under Evidence Code section 1109 because she was not in a "dating relationship" with the victim, the prior incident did not involve "domestic violence," and the evidence was unduly prejudicial and violated her right to due process; in ruling the prior domestic violence incident was admissible under Evidence Code section 1101, subdivision (b); in giving CALJIC No. 2.50.02 as it misled the jury on the use of prior uncharged offenses; and in failing to conduct further hearings into her claims of jury misconduct. We affirm.

FACTS

Rucker, then about 50 years old, met the victim, Hubert Watson, through an Internet dating service. About two months later, in July 2001, they had their first date. They continued to date, including dining out at restaurants, eating dinner at Watson's condominium, going to Rucker's office Christmas party and attending a wedding of one of Watson's friends. They became sexually intimate within their first two or three dates. Watson purchased some lingerie and shoes for Rucker. In early December 2001, Watson had planned to take Rucker on a weekend trip to Hawaii but the trip was cancelled because he became ill.

Watson's job as a lobbyist frequently required him to travel away from San Diego; on average he would travel three to four weeks at a time and he was away from home about 75 percent of the time. Sometimes when he was out of town, he called Rucker or sent her e-mails. In the e-mails, he told her he missed her and was looking forward to seeing her when he returned to San Diego. Rucker thought Watson might be "the one" and, in late 2001 or early 2002, she wrote a list of goals that included marrying Watson in 2003.

By April 2002, Rucker became concerned that her relationship with Watson was waning because she had not heard from him. In early May, she placed a personal advertisement in a local newspaper to meet men. She met with two of the men who answered her advertisement. Rucker and Watson last dated in late April 2002. Watson's last e-mail to Rucker was on April 30. He wrote that he appreciated her very much and would see her soon. Rucker expressed her concerns and distress about the ending of her relationship with Watson to her friend and to Watson's close friend.

About 9:00 a.m. on Memorial Day (May 27), Rucker drove to Watson's condominium complex, parked her car, observed Watson in his patio and then left. She returned about 1:00 p.m. and watched his condominium throughout the afternoon. She saw him leave with another woman. Rucker was "stunned," she could not believe he wanted to spend time with someone else, and felt as if her life was falling apart. Eventually, she went to his condominium. When Watson answered the door and told her it was not a good time to visit, Rucker insisted upon coming in to meet the other woman. Watson testified Rucker was upset and told him, "You don't know what I'm capable of." He considered calling 911. However, he was able to convince her to go for a drive in his car where they talked for about three hours. Among other things, Rucker talked about her prior marriage and other failed relationships. He promised to call her the next day.

Early on May 29, Rucker called a close friend of Watson's. Rucker was very upset, saying she had seen Watson with another woman, did not see a future in the relationship and wanted to kill herself. Immediately after the phone call, the friend called Watson and told him, "This psycho Carole called me again. You really need to take care of this. She wants to kill herself over you." Watson said he would take care of it.

Watson called Rucker at work and briefly talked to her about how she was doing. Rucker asked to come by that evening to pick up some shoes that were at his condominium. He said that was fine.

Rucker arrived about 5:40 p.m. In her purse, she was carrying her gun. Normally, Rucker carried the gun under the front passenger seat of her car. She did not carry the gun in her purse when she ran errands, such as shopping, and had not previously carried the gun into Watson's home. She testified she carried the gun when she went to the gym and that she was planning to go the gym after seeing Watson.

When Rucker asked for wine, Watson poured her a glass. Rucker sipped the wine "[v]ery quickly" and when she was on her third glass she announced, "Now I have to stay for dinner. Now I can't leave and I have to stay for dinner because if I get stopped for drunk driving, you will be liable because you served me alcohol." Watson started to prepare dinner. While in the kitchen, Rucker put her arm around his neck, nuzzled him, and said, "Take me like a man," a statement which echoed comments she had made the previous day that he "could be rougher with her." They went to the bedroom and engaged in sex. He was rougher and said, "Can you take it [like] a woman?" at which point Rucker began to cry. She said, "You shouldn't have said that." Watson was confused because she had not indicated he was hurting her, that sex was uncomfortable or that she wanted him to stop. He stopped. Rucker dressed, left the bedroom, went to her purse and pulled out her gun.

As Watson walked down the hallway, Rucker shot him. She followed him outside through the front door, where he collapsed to the ground. She shot Watson twice more while he was on the ground. She then put the gun in her mouth and pulled the trigger, but the gun did not discharge. She looked at the gun and again put the gun in her mouth. Again the gun did not discharge; she had fired all six bullets from the gun at Watson. At the time of trial, Watson still had three bullets in his body; two near his spine and one in his leg. He was "lucky to be alive."

Rucker drove home with the intent of getting additional bullets. The police followed her. She parked in her usual space and was surrounded by the police, who had their guns drawn. She got out of the car with her gun in her hand and pointed it at a police officer. The officer shot her several times.

Prior Domestic Violence Incident

For about two and a half years between 1996 and 1998, Rucker dated David Yu. She believed it was a good relationship with a future. In December 1998, Yu did not invite Rucker to his office Christmas party, as he had in the past, telling her he was going to be out of town. Rucker "crashed" the party, saw Yu was there with his friends and became "[d]istraught, sick to [her] stomach, [and] traumatized." Because she was drunk and asked for a ride, Yu drove Rucker to her home in her car. Yu spent the night and they engaged in sexual relations. The next morning Yu told her that he no longer wanted to see her. Rucker drove Yu home.

Later that day, Rucker called Yu and said she wanted to talk. Yu told her that he did not want to see her and hung up. About an hour later, Rucker showed up at his apartment. When he told her he had to go someplace and did not want to talk, she took out a handgun and said, "Please let me in. You know I know how to use this." Yu allowed her into his home, spoke with her and calmed her down. After awhile Rucker handed the gun to Yu. The gun was loaded. He returned the gun to her before she left.

Over the next two years Rucker harassed Yu by various means, including putting paint on his car, super-gluing his car door locks, taking a windshield wiper from his car, and painting an obscenity on the sidewalk outside a friend's home where he had been attending a party. Yu talked with Rucker, asking her to stop. She said she did not mean to harm him, she was only trying to get his attention and would stop. She did not stop.

On July 3, 2000, Rucker chased Yu and a woman he was dating. The chase included high speeds on the freeway. Yu tried to evade Rucker but, because he thought the situation was dangerous, he pulled into a parking lot. Rucker followed him into the parking lot. Yu confronted Rucker and told her to leave him alone. She claimed she had not been following him, she was just driving to the store to make a purchase. A few days later in a telephone call, Rucker told Yu if she could not have him, no one could, a statement that prompted Yu to call the police. He obtained a restraining order against her, which stopped the harassment.

One of Rucker's former coworkers testified Rucker stated she was "very upset and hurt" by the way Yu had treated her and had wanted to kill him when she pulled out the gun.

Defense

Rucker testified that on May 29 she intended to go to Watson's condominium only to pick up her shoes. She did not hate Watson and did not feel ill will toward him. She was confused when he offered her a glass of wine and was treating the situation as a social visit. She drank the wine to help her relax while he was on the phone for 20 to 25 minutes and did not realize how much she had drunk. She did ask him to "take [her] like a man," meaning he should be romantic and passionate. When they were in the...