Jawaun Graham, 43, offense date: Jan.22, 1966, sentenced: Jan.13, 2012Graham killed Manuel Gomez of Anaheim and Joel Rio-Sosa of Moreno Valley during a vehicle-to-vehicle shooting on Highway 91. However, if defendant wished to make a statement, he would record it and provide it to the prosecutor's office. Naresh Narine, 46, offense date: May 11, 2009, sentenced: May 01, 2015Nadine and his girlfriend, Belinda Magana, both of Corona, were convicted of abusing and killing Magana's 2-year-old son in 2009, then burying his body and pretending he went missing. When the black guy said to you, Fuck you slobs, what was your reaction? ), Subjectively, the accused must be shown to have killed while under the actual influence of a strong passion induced by such provocation. 11, 21 [Schultz :] I read to him, You have the right to remain silent. Defendant asserts that Schultz verbally abused and cursed at him. He said, Fuck you, slobs.11 According to one witness, he shouted, I'm not afraid to die. The ABC's, including defendant, just laughed at Gobert because he appeared to be intoxicated and was outnumbered 10 or 20 to one. their first names or the informal names used by family members. 1. Interrogation includes both express questioning and words or actions the police should know are reasonably likely to elicit an incriminating response from the suspect. (Rhode Island v. Innis (1980) 446 U.S. 291, 301, fns. wise guy have anything to do with . ", Handcuffed prisoner behind the bars of a prison. Robert was physically and emotionally abusive to Shirley and the children. She had no feeling below her chest, except for nearly constant pain in one arm that made sleeping difficult. Again, Your Honor, I'm going to object. Romaine Martin, 44, offense date: May 27, 2011, sentenced: May 16, 2016Martin was a gang member who ordered a shooting in Moreno Valley. was shot in the chest, returning fire despite his wounds. Sonny Enraca, 46, offense date: Nov.19, 1994, sentenced: July 23, 1999Enraca was convicted of first-degree murder of two men and assaulting a woman with a deadly weapon during a gang fight that occurred after an illegal street race. He was claiming some crip gang and talking all sorts of shit . Because they vastly outnumbered Gobert, the ABC's just started giggling. Gilleres told Gobert, [K]ick back, that's not them. However, Gobert challenged the gang and lifted up his shirt as if he had a gun. Their mothers became surrogate parents to him. 8.85 was given here. B. Moreover, defendant's version of the events is of no help to him. Brooke Rottiers, 39, offense date: Aug.28, 2006, sentenced: Oct.22, 2010Rottiers of Corona robbed, beat and suffocated two men she lured into a motel room. The death penalty as applied in this state is not rendered unconstitutional through operation of international law and treaties. 14 Unless it invites a purely irrational response from the jury, the effect of a capital crime on loved ones and the community is relevant and admissible as a circumstance of the crime under section 190.3, factor (a). [Defendant]: When am I going to see my lawyer[?]. 9 Hernandez tried to shield Gobert with his body. [Defendant]: I want to tell this because I just want to make it clear [that no one else was involved]. Lester Wilson, 53, offense date: June 8, 1997, sentenced: June 29, 2000Wilson killed Uwe Durbin after the victim stole Wilson's televisions. The court also sentenced defendant to a determinate term of 12 years: three years for the assault with a deadly weapon conviction, with a consecutive threeyear great bodily injury enhancement, plus consecutive terms of four years and two years for the firearm use and gang enhancements, respectively. He was not a gang [Schultz:] I'm going to take those handcuffs off you. ] Schultz then turned defendant over to Spidle for booking, informing Spidle that defendant had invoked his right to counsel. 2; People v. Cowan (2010) 50 Cal.4th 401, 484 (Cowan ); People v. Pollock, supra, 32 Cal.4th at p. 1180; see People v. Smith (2003) 30 Cal.4th 581, 622.) The officers knew that defendant was born in the Philippines, lived in the United States, and had a green card. Schultz gave defendant the standard Miranda admonitions.21 Defendant said that he understood his rights and wished to speak to them. Finally, defendant claims that the trial court erred in refusing his request to read CALJIC No. or the suspect reinitiates contact with the police. Schultz broke off the interview and turned defendant over to Spidle for booking. They deserved it.13. without cause. She consigned him to Pina's care also. 8.73, which instructs that provocation insufficient to reduce homicide to manslaughter may nevertheless be considered on the question of whether the defendant killed with deliberation or premeditation. Lester Maliwat testified that the ABC's were not provoked by Gobert's jibes, but rather considered him laughable because he was so badly outnumbered. They were also accused of killing Ricky's brother. the trial court that the connection between the excluded evidence and the 10, 20 This is the instruction he now proposes: 1. She was strangled near Lake Elsinore. CORRIGAN, J. Hernandez responded by pushing Enracas hand away which Enraca interpreted as an attempt to grab his gun. (D'Arcy, supra, 48 Cal.4th at p. 308; People v. Carrington, supra, 47 Cal.4th at p. 200; People v. Mendoza, supra, 42 Cal.4th at p. 24, 1963, 21 U.S.T. ) (People v. Collins (2010) 49 Cal.4th 175, 227.) [] [The prosecutor]: Thank you, Your Honor. Sonny Enraca (Jhack) made for her. was not knowing and intelligent. Christopher Poore, 49, offense date: Nov.8, 1999, sentenced: Feb.20, 2002Poore killed Mark Kulikov, 42, of Palm Springs. Defendant failed to object to the first remark of which he now complains. San Diego, CA 92101 Newspaper articles at the time record that he died from a gang-related shooting, however it is unknown if Gobert, an up-and-coming actor, had ever affiliated One of the Asians, whom Gilleres described as a Filipino,9 pointed a gun at Hyon. [] [Defense counsel]: But not their desire. Cedrick Lopez were or had been members of the ABC gang. Is that all clear[? Earl Green, 53, offense date: Nov. 7, 2010, sentenced: June 25, 2012Green was convicted for the murder of a police officer during a chase that occured when the officer pulled Green over in Riverside. ) (Gonzales & Soliz, supra, at p. [Schultz]: You can get anything you want[,] turn around, you're going to jail for double homicides. that because other deputies had engaged in unlawful activities unrelated to Following his arrest defendant waived his Miranda rights.14 The interrogation ended when defendant subsequently asked for a lawyer. They deserved it. This statement could properly be considered as a circumstance in aggravation under section 190.3, factor (a). 587. Defendant asserts that Detective Schultz physically threatened him. issues at this trial was unduly tenuous, Cantil-Sakuye wrote. (Bramit, supra, 46 Cal.4th at p. 1249; People v. Bunyard (2009) 45 Cal.4th 836, 861; People v. Lewis (2008) 43 Cal.4th 415, 532. According to police reports, at around 4 p.m., Annette Lewis and Percy Branch were sitting under a tree near Santa Barbara Plaza, when Avery approached them. After the races, the ABC gang members congregated in the parking lot of the pizza parlor. Article VII, paragraph 2 of the United States consular convention with the Philippines provides that whenever their nationals are arrested, consular officers are to be notified immediately and permitted to visit them without delay. Bailey Jackson, 47, offense date: May 15, 2001, sentenced: Nov.8, 2005Jackson kidnapped and killed an 81-year-old woman a month before raping an 84-year-old woman who survived after being left to die. Jan Pietrzak and Quiana Jenkins-Pietrzak. Arquero estimated that Gobert was shot two minutes later.16 All three testified they did not see who the shooter was. [] [Prosecutor:] And what was that? Governor halts death row executions in California, Gov. DNA helped identify Scott as a suspect after he was arrested for another burglary. also concluded that there was no error in admitting evidence, in the guilt Defendant contends the trial court erred by refusing his request to instruct the jury on voluntary manslaughter due to heat of passion. Although they were not related to him by blood, Mamang and Tatai treated defendant as if he were their eldest grandson. He was killed on Pierce Street in Thermal. Conduct or statements demonstrating a lack of remorse made at the scene of the crime or while fleeing from it may be considered in aggravation as a circumstance of the murder under section 190.3, factor (a). (People v. Breverman (1998) 19 Cal.4th 142, 154. [] The Court: Victim impact is a consideration for this jury. The PEOPLE, Plaintiff and Respondent, v. Sonny ENRACA, Defendant and Appellant. The totality of the circumstances support the trial court's findings that Schultz properly ended the interrogation and that defendant initiated the conversation with Spidle, waived his Miranda rights, and made his statements freely, voluntarily, and intelligently. eventually settled. In criminal cases, even in the absence of a request, a trial court must instruct on general principles of law relevant to the issues raised by the evidence and necessary for the jury's understanding of the case. Defendant does not challenge the sufficiency of the evidence to support his Justin Thomas, 47, offense date: Sept.15, 1992, sentenced: March 12, 2008Thomas killed a man during a drug deal in Moreno Valley. [Citation.] The views of a victim's family as to the appropriate punishment are beyond the scope of constitutionally permissible victim impact testimony. [] [Schultz:] Yes. It's based solely on those mitigating and aggravating factors in rendering your verdict in the penalty phase. Defense counsel thanked the court, and sought no further intervention. Roger Boring and Lester Maliwat, two ABC members who were involved in the fight, testified that they both thought the fight was over and began to retreat to their cars. Schultz warned defendant that he would be physically restrained if he tried to escape. 550. The children were aware that Shirley and Robert had extramarital affairs. He also admitted that he told He asserts the finding only anticipated SanchezLlamas's legal holding that a consular violation does not, in itself, render a confession inadmissible. Omar Martinez, 58, offense date: Nov.4, 1988, sentenced: May 10, 1993Martinez killed one of several men who demanded payment for work on his property. Along with defendant, they were members of the ABC gang, an affiliate of the Bloods. As reported in mycrimelibrary.com: Enraca, a Philippine national who had lived in the United States for eight years, was a member of the Akrho Boyz Crazzy (sic) (ABC) gang, an affiliate of the In Miranda [t]here's linkage, something that flows from that directly, and I don't see that there is any case authority or any logical proposition that a violation of the Vienna Convention means that you can't introduce a statement. However, defendant fails to mention the preceding and succeeding paragraphs. We have also repeatedly held there is no sua sponte duty to give instructions that were substantially similar to the one defendant proposes. Defendant is highly unlikely to have understood Schultz's statement as encouragement to continue or renew the interview. Moreover, the reasons we often require suppression for Fourth and Fifth Amendment violations are entirely absent from the consular notification context. was sentenced to death.7. On November 19, 1994, Gobert was shot to death at a pizza parlor parking lot at Mira Loma, California. Copyright 2023, Thomson Reuters. She testified it was possible the shooter was the person who had earlier pointed a gun at her. The shooting occurred shortly after Gobert attended an illegal drag race in Mira Loma. To the contrary, when defendant was placed in the interview room, Schulz removed his handcuffs, thus removing a source of discomfort and limitation on movement. Was granted name change in 2019 and is now Jessica Marie Hann. Micky Cage, 50, offense date: Nov. 9, 1998, sentenced: Nov.14, 2003Cage was convicted of murdering his estranged wife's mother and brother in Moreno Valley. Penal Code section 187. Defendant contends the trial court prejudicially erred because it did not advise him of his right to testify or obtain an on-the-record waiver of that right. News reports state that Sonny Enraca was sentenced to death in Riverside County on July 23, 1999 for the fatal shooting of an actor who had appeared in the Boyz N the Hood movie. We have explained that such instructions are misleading insofar as they suggest that the jury may not be moved by sympathy for the victims and their survivors. ) (People v. Davis, supra, 36 Cal.4th at p. Counsel who argued in Supreme Court (not intended for publication with opinion): John T. Philipsborn 7, 17 The court did admonish the jury as to the second remark, and defense counsel sought no additional relief. Fuiava claimed Please try again. room. Then Gobert stuck his hand into his waistband. 10. What kills me the most were the sacrifices her mother had As reported in mycrimelibrary.com: Enraca, a Philippine national who had lived in the United States for eight years, was a member of the Akrho Boyz Crazzy (sic) (ABC) gang, an affiliate of the Bloods. Indeed, all the evidence is to the contrary. In May 1999, defendant Sonny Enraca was convicted of the first degree murders1 of Ignacio Hernandez and Dedrick Gobert, with a multiple-murder special-circumstance finding.2 Defendant was also convicted of assault with a deadly weapon3 on Jenny Hyon, with a great bodily injury finding.4 Firearm use5 and criminal street gang6 findings were made as to all three counts. I want to attend college as well. (People v. Blacksher (2011) 52 Cal.4th 769, 833; People v. Jackson (1980) 28 Cal.3d 264, 306.). Ronald Deere, 66, offense date: March 4, 1982, sentenced: Nov.10, 1982Deere was convicted of killing a man and his two daughters, ages 7 and 2, near Blythe. He forced Neblett to withdraw money from a bank and the victim was later found dead from strangulation with the rest of his body heavily beaten and bruised. of various Asian-Pacific-Islander groups based on their physical appearance. More: Judge denies the appeal of death penalty decision for accused cop killer John Hernandez Felix, More: Death penalty an option for John Hernandez Felix in Palm Springs police murder trial. WebSonny Enraca Enraca initially denied any involvement in the shootings but confessed soon after he was arrested. OPINION. Defendant spoke to Spidle because I figure you guys already know [so] I might as well let you know the real story. He chose to confess to Spidle, rather than Schultz, because Spidle had treated him with respect. [] [Prosecutor:] Did your term wise guy have anything to do with what you considered to be his attitude? To make the observation in In re Christian S. more general, not every unreasonable belief will support a claim of imperfect self-defense but only one that, if reasonable, would support a claim of perfect self-defense. (People v. Valencia (2008) 43 Cal.4th 268, 288289; see Booker, supra, 51 Cal.4th at p. 182; People v. Randle (2005) 35 Cal.4th 987, 1001. For two and a half years, unable to bring herself to tell Emanuel of his brother's death, Vera told Emanuel that Hernandez was in New York with her family. I mean I did it and that's the whole thing, my friends are my friends still no matter what. Cathy Sarinana, 42, offense date: Dec.26, 2005, sentenced: June 26, 2009Sarinana and her husband, Raul Sarinana, killed their 11-year-old nephew, Ricky Morales, on Christmas 2005. Sonny Enraca and Ralph Simon Jeremias are awaiting execution in California and Nevada, respectively. MYCRIMELIBRARY.COM/REVIEW-JOURNAL Two Filipinos out of a total of 124 foreign nationals are currently on death row awaiting execution, according to data from the non-profit Death Penalty Information Center. ), The trial court instructed the jury on perfect and imperfect defense of self or another. On May 12, Enraca was sentenced to death. interrogation ended when defendant subsequently asked for a lawyer. Urging the jury to return a death penalty, the prosecutor said, If the decision is not the appropriate one in this case, it would bring further injury to the shattered lives of three families. Defense counsel did not object to this remark. I think he's got a gun. The ABC's rushed Gobert. advocates for a healthy discussion about the instances of violence, abuse, sexual misconduct, animal cruelty, abuse etc. counsel then asked, Did you tell Detective Spidle that you had perhaps suggested Defendants According to Then, Gobert allegedly pulled up his shirt, presumably to reach for a gun. Defendant told the police he was carrying a .38 revolver that evening, and he confessed to the police and his friends that he used it to kill the victims. All further statutory references are to the Penal Robert Dunson, 37, offense date: Nov.26, 2007, sentenced: May 15, 2015Dunson, who was convicted in March for the 2007 murder of William George Dobbs, an Indio snowbird. [] [Prosecutor:] Was that what you were talking about The extended family provided a caring and affectionate home. [T]hat's when you can see your lawyer. You know so that the whole fight would just break up. I was just trying to break it up, you know I mean if I wanted to shoot them, if I wanted to intentionally kill these[ ] guys, I would of done it when they first came up here., Defendant claims that Hernandez and Gobert each appeared to be reaching for a gun while they lay on the ground. John Singleton speaking onstage during the 70th Annual Directors Guild Of America Awards in February 2018. Belinda Magana, 33, offense date: May 11, 2009, sentenced: May 1, 2015Magana and her boyfriend Naresh Nadine, both of Corona, were convicted of abusing and killing Magana's 2-year-old son in 2009, then burying his body and pretending he went missing. He called Gobert, for The other entered the back of his head, went through his brain, and lodged underneath the skin of his forehead. The admonition was colorful,23 but not improper. According to Lilibeth, Shirley and Robert did not treat defendant like their other children. Raymond Barrera, 28, offense date: July 8, 2013, sentenced: Dec.1, 2017Barrera was convicted of three murders that happened near San Jacinto from 2013. Defendant claimed that he tried to break it up. I go[,] just leave him the fuck alone[,] dude. Defendant also told Spidle that he drew his pistol with the intention of stopping the fight. Since 1978, California has spent $5 billion on a death penalty system that has executed 13 people.. The victims' throats were slashed.Investigators say Williams was demanding money Gary Williams had stolen during a series of bank robberies. Defendant claims that he shot the victims in the heat of passion provoked by Gobert's belligerent behavior and conduct insulting to the ABC gang. Lumord Johnson, 54, offense date: June 25, 1994, sentenced: April 8, 2002Johnson killed two people in Riverside and Mead Valley; Camerina Lopez and Martin Campos. Later, speaking of the victims' families, the prosecutor said: These people look to you for justice. Jiffy peat pellets are a popular choice for starting tomatoes, but they can also be used for peppers. Death sentences are unevenly and unfairly applied to people of color, people with mental disabilities, and people who cannot afford costly legal representation, he wrote. Defense On May 5, 1999, a jury found Sonny Enraca guilty of two counts of first degree murder with a multiple-murder special circumstance finding and assault with a deadly weapon with intent to cause great bodily injury. Counsel objected in the third instance and sought a curative instruction. WebPolice arrested Enraca on December 12, 1994. Robert Perry at the trial of Freddie Fuiava, a member of the Young Crowd. 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