People v. Bohana

In People v. Bohana (2000) 84 Cal.App.4th 360, the cause of death was asphyxia due to drowning. Bohana, summoned the paramedics when he was unable to resuscitate his lover, whom he pulled from the deep end of his swimming pool. She suffered massive injuries, including scalp wounds, a black eye, bruises, and other injuries. The prosecution claimed Bohana beat her and she either fell in the pool during the beating or was pushed into the pool by Bohana. She drowned, according to the prosecution, either because she was unconscious from the beating or because she could not swim. A jury convicted Bohana of second degree murder. While the facts of the two cases are similar, the legal issues presented are not. Nevertheless, Bohana demonstrates that the prosecution need not account for every injury nor prove the precise manner in which the murder occurred. "The wounds on the victim's body and the expert testimony provide an evidentiary basis for the jury to conclude that Bohana intentionally beat the victim, rather than accidentally inflicting injuries while attempting to rescue or resuscitate her." (Bohana, supra, 84 Cal.App.4th at p. 369.)