Retired Judge Lillian K. Sing presided over the preliminary hearing for Edward Pena. He was held to answer on all charges.
Deputy District Attorney Roger Rees is the prosecutor for the case. Deputy Public Defender Wade Orbelian is Pena's attorney.
Jane Doe 1 and HCSO Deputy Bradford Andersen testified. Jane Doe 1 is a psychiatric nurse. Pena used to be a marriage and family therapist.
Jane Doe #1 was in a romantic relationship with Pena for three and a half years. It started in 2015 and ended on January 1, 2018 when Pena moved out.
Jane Doe #1's younger daughter was referred to as Jane Doe #2 and her older daughter as Jane Doe #3. Pena is not the father.
Jane Doe #1 testified that Pena engaged in acts of violence against her. When asked how many times, she responded "too many to count." The alleged threats were against "me, my animals and my children."
After the relationship ended, Jane Doe #1 still had contact with Pena. "A lot was my concern about him being under the influence of drugs and alcohol and for the protection of my daughters."
She did not recall who initiated contact but "twice it was at my house and other times in the community."
The alleged incident took place during the night of May 29, 2019 and "early hours" of May 30, 2019. Jane Doe #1 attended a party at Chapala's "for one of her staff". Pena knew she was at the party. At 8 p.m. she was taking a nap. Her younger daughter, Jane Doe #2 was in her bedroom and so were her two dogs. Her older daughter, Jane Doe #3 was upstairs in another bedroom. Earlier that day, on May 29 since 6:30 a.m Pena sent her "harassing messages, in my opinion." Pena wanted to meet. She told him, "maybe later."
She woke up from her nap. There were phone calls and texts from Pena asking her what she was doing? Why hadn't she called him? "My previous experience with him made me concerned about my safety."
Pena texted her he was in her driveway. She asked him to leave. She lives in a rural area in Humboldt. Pena did not leave. They argued. She would not go outside. He wanted her to come outside. Jane Doe #1 yelled and asked her older daughter to call law enforcement.
They heard a large crash. Later, they found out it was a window. She heard "pounding feet on the stairs." Pena "pounded on her door with a baseball bat and kicked it in. I saw a raging man coming at me with a baseball bat.
Jane Doe #1 testified that while Pena was hitting her, he was saying "he was going to kill me. I didn't have time to protect my daughter. "
Pena hit her entire body, "mostly on the right side" and her face. Jane Doe #1 said Pena "hit her more than 12 times." Pena said, "You are going to die tonight."
While this was happening, Jane Doe #1 was on her bed. Jane Doe #2 was standing up on the other side of the bed. Pena did not hit Jane Doe #2. He told Jane Doe #2 to get out. "I am going to kill your mother."
"Jane Doe #2 was pleading for my life. Pena told Jane Doe #1 to tell Jane Doe #2 to get out or he would kill her. Jane Doe #1 asked her younger daughter to leave. Pena "grabbed my head and banged it into the wooden headboard until it broke."
What ended the violence was Pena hearing her older daughter call 911. Jane Doe #1 "saw the bat fly across the room" and Pena ran into her older daughter's bedroom. Pena was yelling, then they heard the front door slam. Her younger daughter and two dogs had locked themselves into the bathroom. Jane Doe #1 was concerned Pena was still there and went to check on Jane Doe #3, her older daughter.
Jane Doe #3 told Jane Doe #1 that Pena threatened to kill her. Jane Doe #3 had locked herself in her bathroom. They heard law enforcement arrive.
The cost to repair damages to the windows, door, bed and mirror was $15,000. Pena called her while she was talking to the officer and while she was in jail.
"I declined medical assistance so they could get him," said Jane Doe #1. The officer told her not to answer her phone. "They couldn't find him so I asked if I could answer my phone." Pena would not tell her where he was and she did not remember exactly what he said. " The basic gist was that it was my fault that my daughter had called 911." Pena told her he had two bottles of whiskey and had refilled prescribed medications and he was going to drive off a cliff and commit suicide.
During cross examination, Jane Doe #1 said she had spoken to law enforcement, the District Attorney, Victim witness, her mom and dad, her friends Donna Wheeler and Desirae Hadley.
Mr. Orbelian asked her, "when you spoke to them, did you tell them the truth?" Mr. Orbelian then got Jane Doe #1 to admit she was not truthful. While trying to find out where he was, Jane Doe #1 told Pena she loved him. The day before the incident she also told him that she loved him. Jane Doe #1 said she only said the day before because she wanted to protect herself and her daughters.
Pena moved out without telling her.He did not tell her where he was living after he he moved out. Jane Doe #1 found out through mutual friends. After he moved out, Jane Doe #1 told Pena she had feelings for him and still had a "physical/romantic" relationship with him. The physical relationship ended two weeks prior to the incident. A week before the incident Pena told Jane Doe #1 "he was going to drink himself to death."
Jane Doe #1 admitted she and Pena used alcohol and precription drugs together.
Judge Sing denied defense motion for PC 17 (b).
Arraignment on information is on March 9.
Mr. Orbelian has filed a motion for mental health diversion.
Charges:
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