All rights reserved. The other entered the back of his head, went through his brain, and lodged underneath the skin of his forehead. . noted, allowed the defense to present evidence of alleged misconduct by Blair, [] [] A. I noticed a couple that didn't take him seriously at the time., Defendant acknowledges that the ABC's did not consider Gobert a serious threat at first. 349.). Defendant told Spidle that he tried to break it up.. Prosecution Evidence The bullets recovered from Hernandez and Gobert were .38 caliber. time.. By providing an email address. Is that all clear[?]. investigator that he had not seen who fired the shots. Tony Yonko, 56, offense date: Oct.22, 2002, sentenced: Sept.24, 2009Yonko killed Paul Ngo, 42, during a burglary. Within the gang defendant aspired to a role as peacemaker, moral conscience, and wise leader. Defendant told the police he was carrying a .38 revolver that evening, and he The rest are nationals from a variety of countries, each with anywhere from 1 to 5 inmates. Substantial evidence was lacking here. )26, Defendant seeks to distinguish this case on the grounds that (1) an alternate juror was seated during the penalty phase, and (2) the court gave CALJIC No. 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. After he died, Vera received notice that he had Hernandez responded by pushing Enracas hand away which Enraca interpreted as an attempt to grab his gun. In an executive order, Newsom called capital punishment both costly and discriminatory. All that's changed now, though. Defendant told Spidle the following. Maliwat had pleaded guilty to being an accessory after the fact. 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. According to witnesses, Sonny Enraca, 22, then shot Hernandez and Gobert. 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. Gregory Demetrulias, 65, offense date: Jan.10, 1989, sentenced: May 22, 1995Demetrulias was convicted of murdering a man in Riverside during a robbery. ), Review for intercase proportionality is not constitutionally compelled. Counsel who argued in Supreme Court (not intended for publication with opinion): John T. Philipsborn Perry, she Boring said he saw Enraca turn around and shoot Jenny Hyon after she kicked him in the back. We have consistently rejected state and federal law claims that a trial court must specifically instruct on lingering doubt because the concept is sufficiently covered in CALJIC No. He asserts the finding only anticipated SanchezLlamas's legal holding that a consular violation does not, in itself, render a confession inadmissible. wise guy have anything to do with . And I suggested that he think about his actions. 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. Late one evening Maile Gilleres and Jenny Hyon accompanied Ignacio Defense Evidence When they got out of their cars, the same group of Asians approached them and the two groups cursed at one another. I suggest you think about it. He SanchezLlamas v. Oregon (2006) 548 U.S. 331 (SanchezLlamas ) was decided after defendant gave his confession. CALJIC No. Okay. She was under psychiatric care, her attendance at work suffered, and she withdrew from her friends. admitting the lawsuit evidence (proffered with the hope of supporting an inference Her younger son's performance in school also suffered greatly. Enracas defense attorney maintained that Enraca was acting in self-defense and only pulled his gun to shoot in the air in an effort to stop the fighting. Students who attended the appeal included Jesse Allen, Rane Casalegno, Samantha Ciriaco, and Zachary Ruetz. Francisco Zavala, 26, offense date: Jan.14, 2013, sentenced: Dec. 4, 2015Zavala was convicted of fatally stabbing 16-year-old Eric Sargeant during a robbery in January 2013. [Defendant]: I just got to face it, I'm caught[,] you know.. Sonny Enraca, P-48601 Summary of Offense: Sentenced to death in Riverside County on July 23, 1999 for shooting to death Inglewood resident Dedrick Gobert, 22, an actor in the movie Boyz N the Hood, and Ignacio Hernandez, 19, of [] A. I just started laughing. responded, No. WE CONCUR: CANTILSAKAUYE, C.J., and KENNARD, BAXTER, WERDEGAR, CHIN, LIU, JJ. I guarantee you if you try and leave this room [] [Defendant:] I'm not going to try and leave this room. 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Public feeling or sentiment should not enter into your determination. defendants undeterred history of violence involving additional shootings, Albert Jones, 54, offense date: Dec.13, 1993, sentenced: Sept.20, 1996Jones was convicted of murdering a husband and wife in their home in Mead Valley during a robbery. Gobert parked and approached the group. Thereafter, he gave investigators a detailed account of the murders and led them to the crime scenes. Defendant now contends his second waiver Deputy Attorney General sheriffs testimony that Fuiava told him he had shot two rival gang members Rptr. One of them wanted to write a song for them that was a street song. Garcia declined. Suppression would be a vastly disproportionate remedy for an Article 36 violation. (SanchezLlamas, supra, 548 U.S. at p. no longer do so. The bedrock of a penalty determination is an evaluation of the moral culpability of the defendant[. Defendant grabbed Hernandez by the hair, pulled his head back, and asked him where he was from. The federal Constitution bars victim impact evidence only if it is so unduly prejudicial as to render the trial fundamentally unfair. Now I suggest[ ] for the next 48 hours, that you deeply consider that[.] The Filipinos meted the death penalty were identified in the DPIC website as Sonny Enraca of California and Ralph Simon Jeremias of Nevada. ), I. He didn't want people to gangbang. DNA helped identify Scott as a suspect after he was arrested for another burglary. As applied to this case, this means that if defendant had first assaulted Cruz, then unreasonably believed Cruz was assaulting him, a claim of imperfect self-defense would be unavailable because a claim of perfect self-defense would have been unavailable had the belief been reasonable. The date of death was Lloyd Avery II. Schultz did say, I' [ve] about had it up to here with you cuz you're full of shit and that's it. However, Schultz was simply responding to defendant in his own mode of expression. He told Nidorf the gang members needed me. She concluded he was grandiose about his role. convicted of the first degree murder of Deputy Sheriff Stephen Blair and the After driving up and down the road for several minutes, Gobert approached a different group, part of the Akraho Boyz Crazzys (ABC) gang, and identified himself as part of the Crips gang before throwing insults at them. A Both men got out of their cars and fought. He denied any 6 He has been credited with playing a number of characters, but at least he has been associated with Morris Chestnut. 369370.) The trial court also gave the other instructions that are pertinent to victim impact evidence: CALJIC No. [] [Defense counsel:] Objection. Frick and Lopez saw Gobert make a reaching movement, either lifting up his shirt or reaching inside his waistband. Pina testified that Shirley's rape story was untrue. He wanted them to go to church, and I saw that as remorse. She further testified that she believed, based on her interviews with defendant, that he sincerely felt that what he did was wrong and that he regretted it., The prosecutor began his penalty phase argument by saying that he was forced to anticipate possible defense arguments because, unlike at the guilt phase, he would not have an opportunity for rebuttal. October 2, 2022 October 2, 2022 mycrimelibrary.com No comments. 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. Defendant admitted to both his friends and the police that he shot the victims. the trial court that the connection between the excluded evidence and the WebIn May 1999, defendant Sonny Enraca was convicted of the first degree murders1 of Ignacio Hernandez and Dedrick Gobert, with a multiple-murder was sentenced to death.7. It appears that this patent is exclusive to the Russian Federation, with exporting to Belarus and K-stan and importing from Germany being allowed. Will it cost him? Arquero exclaimed, Oh, shit. He was afforded, so far as I can see, all his constitutional rights. The record clearly supports this finding. eventually settled. Wednesday Newsom placed a moratorium on California's executions . Lester Wilson, 53, offense date: June 8, 1997, sentenced: June 29, 2000Wilson killed Uwe Durbin after the victim stole Wilson's televisions. Hernandez moved and defendant shot him again. 18. SONNY ENRACA, Defendant and Appellant. Defendant claimed that before Hernandez hit him he had planned to shoot in the air to break up the fight. Jesus Penuelas, 36, offense date: August 15, 2003, sentenced: August 08, 2008Penuelas was accused of killing an 18-year-old Ontario woman following a robbery. [Citations. However, the bullets recovered from the victims were .38 caliber. Jenny Hyon testified the bullet that struck her completely severed her spinal William Suff, 68, offense date: June 28, 1989, sentenced: Oct.26, 1995Suff was convicted of killing a dozen women across Riverside County between 1989 and 1991. In addition to defendant, Pina's family included her husband Raymond, their four children, and Raymond's parents Mamang and Tatai. All of them traveled from the Philippines to testify on defendant's behalf. 22, 24 She testified at trial that he was not the person she saw shoot Hernandez. Pinoys and Pinays up in here. 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