Judge allows evidence of domestic violence in trial of former Marine

Prosecutors will present evidence of domestic violence against two of Raymond McLeod’s former partners at his upcoming trial for the 2016 strangulation death of girlfriend Krystal Mitchell.SAN DIEGO (CN) — A San Diego judge ruled Monday that prosecutors can introduce evidence of attacks they say Raymond McLeod committed against two former partners at his upcoming murder trial, providing a history of domestic violence they say preceded the death of his girlfriend, Krystal Mitchell.McLeod, 42, is charged with murder in connection with Mitchell’s death by strangulation. He and his attorneys have argued her death was an accident that was the result of rough sex gone too far.Mitchell, 30, was found not breathing and badly beaten in an apartment in San Diego on June 10, 2016. Responding police officers said there was a sign of a struggle, and video surveillance revealed McLeod grabbed her by the throat and pulled her into an elevator.McLeod, a former Marine, fled to El Salvador through Mexico, where he remained as an English teacher until his capture in 2022. The U.S. Marshals Service placed him on its most-wanted list in 2021.“The defendant is charged with murdering his girlfriend, the ultimate act of domestic violence,” Deputy District Attorney Franciesca Balerio told the court. “We have multiple instances of domestic violence in the months leading up to her death. The defendant’s history of domestic violence is highly relevant.”San Diego Superior Court Judge Kimberlee Lagotta allowed evidence that McLeod brutally attacked two women during incidents in 2009 and 2016.In the latter incident, McLeod and his wife, identified as R.J., were going through a divorce while staying overnight at a friend’s house after drinks, the district attorney’s office says in a court filing. When McLeod learned R.J. was in another bedroom, he stormed into the room and dragged her out by her hair, the district attorney’s office says.When other guests opened the door to the bedroom, McLeod was strangling R.J.“Her face was purple, and she was no longer able to speak,” Balerio said. “He was out on bail for that case when he killed Ms. Mitchell.”The same woman recounted other incidents of domestic violence and rape by McLeod in court documents.During the other incident, in 2009, McLeod pushed his ex-wife, identified as K.G., while she was carrying their son during a custody exchange in a parking lot, the district attorney’s office says. He then pinned her up against a car.The two incidents fell squarely within the relevant evidence and could be sexual in nature, Lagotta ruled.McLeod had his motion to exclude that evidence denied.“Prior incidents of domestic violence that are within 10 years can be included in a trial that involves new incidents of domestic violence, regardless if it’s the same victim or different victim,” she said.McLeod’s attorneys attempted to include witness testimony, including from former girlfriends, saying he always acted consensually.One witness described seeing McLeod kiss another woman while holding her throat in a consensual act, defense attorney Alison Triessl said.Lagotta ruled the witnesses could describe these observations on the condition they do not describe consent.Reading from a semi-anonymous witness statement, Triessl described some of McLeod’s sexual proclivities.“There were certain things we liked to do. Choking — not a problem with me,” she read to the court. “He knew he had a limit. When I told him to stop, he did it immediately.”This testimony was allowed in a previous criminal case against McLeod in 2025, but Lagotta declined to allow it this time.This was a sticking point for the defense attorneys who argued evidence previously admitted in the other case should be admitted in the current case.But Lagotta said this testimony was irrelevant to McLeod’s relationship to the decedent.The defense also complained the San Diego District Attorney’s Office failed to give them enough time to review new evidence, including hundreds of pages of documents and cellphone data from McLeod they said has been in the DA’s hands for years.“I can tell you that discovery that has been in possession of the DA for years has only been provided this past week and literally over the weekend,” Robert Sheahen told Lagotta. “There is all manner of materials we simply haven’t had time to look at.”These same discovery issues are what led to McLeod’s case dismissal in 2025, Sheahen said.“Ms. Balerio is beguiling,” he said. “She is a lovely person, but why we didn’t get this stuff five years ago, two years ago, one year ago?”Both parties agreed to continue the preliminary hearing to a later date so McLeod’s defense could review the new evidence.McLeod, dressed in a suit and man bun, sat silently with his defense attorney during the hearing, only responding affirmatively when asked to continue the hearing to a later date.Mitchell’s mother, Josephine Wentzel, a fellow former police detective, was also present during the preliminary hearing.Categories / Courts, CriminalSubscribe to our free newslettersOur weekly newsletter Closing Arguments offers the latest about ongoing trials, major litigation and rulings in courthouses around the U.S. and the world, while the monthly Under the Lights dishes the legal dirt from Hollywood, sports, Big Tech and the arts.Additional Reads