Lover on trial over fatal fall 

One night more than three years ago, Eloy Muniz allegedly attacked and threatened his girlfriend at a dinner party, chasing her into a bathroom where, once the door was locked, she climbed out the window, slipped and fell three stories.

The girlfriend, Cindy Weaver, 46, died from her injuries 17 days later. Muniz, 49, is now on trial facing second-degree murder charges.

The couple had been drinking at a friend’s Mission district home on Folsom Street on Oct. 3, 2008, when Muniz became abusive and accused Weaver of infidelity, prosecutors said.

He allegedly tossed a glass at Weaver, which missed, and then head-butted her. When she locked herself in the bathroom, he allegedly screamed obscenities and threatened to bust the door down. Weaver is believed to have tried to slide down a pipe outside the window.

Muniz had a history of domestic violence against Weaver, who previously tried to end the relationship and had a restraining order against him, prosecutors said.

Prosecutors are arguing that Muniz’s actions were the direct cause of Weaver’s attempt to escape.

Muniz’s attorney, Deputy Public Defender Mark Iverson, argues the case is involuntary manslaughter, and Iverson said his client couldn’t have known Weaver would try to flee out of a third-story window. He said Weaver also had time to phone Muniz’s mother from the bathroom, but did not call police.

The prosecution wrapped up its case Thursday with testimony from an expert on domestic violence. The defense on Tuesday is expected to call its witnesses — a custodian of phone records and a toxicologist.

The jury could begin deliberating as early as Wednesday.

In addition to the murder charge, Muniz faces allegations of false imprisonment, assault with force likely to cause great bodily injury, criminal threats and violating a stay-away order, which is a misdemeanor.

aburack@sfexaminer.com

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Ari Burack

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Saturday, Jan 24, 2015

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