Contreras v. Sullivan

• Decision Date: 27 July 2020
• Docket Number: Case No.: 1:19-cv-01785-NONE-JLT (HC)
• Parties: RODOLFO A. CONTRERAS, Petitioner, v. J. W. SULLIVAN, Warden, Respondent.
• Court: U.S. District Court — Eastern District of California

RODOLFO A. CONTRERAS, Petitioner, v. J. W. SULLIVAN, Warden, Respondent.

Case No.: 1:19-cv-01785-NONE-JLT (HC)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

July 27, 2020

FINDINGS AND RECOMMENDATION TO DENY PETITION FOR WRIT OF HABEAS CORPUS

[THIRTY DAY OBJECTION DEADLINE]

Petitioner is currently serving a sentence of twenty years to life after a jury found him guilty of second degree murder and driving under the influence causing injury. He filed the instant habeas petition challenging the conviction. As discussed below, the Court finds the claims to be without merit and recommends the petition be DENIED.

I. PROCEDURAL HISTORY

While under the influence of marijuana, Petitioner caused a traffic collision in Bakersfield that killed another driver, David A., and injured David's wife, Kathleen A. Petitioner was charged with and convicted by jury of second degree murder (Pen. Code, § 187, subd. (a) (count 1)), gross vehicular manslaughter while intoxicated (§ 191.5, subd. (a) (count 2)), and driving under the influence and causing bodily injury to Kathleen (Veh. Code, § 23153, former subd. (e) (count 3)). People v. Contreras, No. F074151, 2018 Cal. App. Unpub. LEXIS 8480, at *1 (Dec. 13, 2018). In addition, the jury found true the sentence enhancement allegation for multiple victims attached to count 2 (as to Kathleen) and count 3 (as to David), and it found true the sentence enhancement for personal infliction of great bodily injury (GBI) attached to count 3 (as to Kathleen). Id. at *1-2. The trial court sentenced Petitioner to a total term of 15 years to life plus five years in state prison. Id. at *2.

The Petitioner appealed to the California Court of Appeal, Fifth Appellate District ("Fifth DCA"). On December 13, 2018, the Fifth DCA affirmed the judgment. Id. Petitioner filed a petition for review in the California Supreme Court, and the petition was denied on February 20, 2019. People v. Contreras, No. S253555, 2019 Cal. LEXIS 1427 (Feb. 20, 2019). Petitioner filed the instant habeas petition on March 11, 2020. (Doc. 10.) Respondent filed its answer on May 21, 2020. (Doc. 16.)

II. FACTUAL BACKGROUND

The Court adopts the Statement of Facts in the Fifth DCA's unpublished decision¹:

I. The Collision

On March 8, 2014, in the late morning, defendant was driving southbound on Gosford Road in Bakersfield at a high rate of speed. He lost control of his white Honda, crossed over the center median into oncoming traffic and hit a blue Ford Explorer. The force of the impact split defendant's Honda in two. The engine compartment dropped at the point of impact. The passenger compartment traveled through the air and skimmed the top of a second blue Explorer driven by M.J., causing only minor roof damage. A third vehicle, a silver Toyota, was also struck. David, who was driving the first Explorer hit, died at the scene from severe head injuries. His wife, Kathleen, was injured but survived.

After defendant's Honda collided with David's Explorer and split apart, the contents of the passenger compartment spilled into the roadway. In this debris field, responding law enforcement personnel located a bong for smoking marijuana wax. Inside the passenger compartment of defendant's Honda, they located several containers of marijuana wax, several bags of marijuana, a pipe and a bottle of cannabis from a marijuana dispensary.

II. Percipient Witness Testimony

A. Kathleen

Kathleen testified that she and David were on their way to look at houses that day. David was in the left northbound lane on Gosford Road approaching Stockdale Highway and he was slowing in preparation to turn. Kathleen was in the front passenger seat talking to David when he said, "Oh, God, babe." Their vehicle was then hit. Kathleen told David she could not breathe, but he did not respond and she could not see him due to the vehicle damage.

Someone helped Kathleen out of the Explorer and she ran around to David's side but was unable to get to him because the vehicle was so badly damaged. Kathleen was then pulled away from the wreck by other people and subsequently treated by paramedics before being transported to the emergency room at Kern Medical Center (KMC). She sustained cuts to her face from glass and a fractured finger, had to have glass surgically removed from her foot, developed a neck infection, and testified she continues to suffer from neck, shoulder and hip issues. She also testified she was scheduled to have neck and shoulder surgery soon.

B. Eric E.

Prior to the collision, Eric E. was approaching the same intersection as David and Kathleen from the southbound direction. The windows to his truck were rolled down and he had been watching defendant's white Honda in his mirrors "[f]or quite a bit." Eric testified the Honda was going very fast and he could hear it accelerating as it approached him from behind. As Eric came to a stop at the red light, the Honda swerved around him, ran the red light and became airborne with all four tires off the ground. Eric testified defendant was "flying" and he estimated defendant was going "close to 100 when he hit the intersection." The Honda crossed the center median and, at a tilt, collided with David's and Kathleen's vehicle and split in two pieces.

After the light turned green, Eric drove through the intersection, parked his truck and got out to help. He and two other men tried without success to get David's door open. Eric then walked over to the curb where Kathleen was being assisted by another woman. The two of them removed glass from Kathleen's face before Eric left to check on the other vehicles involved. As he approached the passenger compartment of defendant's Honda, which was upside down in the road, defendant crawled out of the car on all fours and complained his toe hurt.

Eric testified defendant seemed "kind of out of it," like he did not know what was going on. Eric also testified he had seen people impaired by marijuana and defendant looked like that: dilated eyes, slow to respond and lethargic. Upset and frustrated, Eric cursed at defendant and was told by someone else to walk away, which he did before again returning. Eric explained to the jury that he was agitated because someone just died and defendant was complaining about his toe.

C. Theresa A.

The wall at the rear of Theresa A.'s backyard abutted Gosford Road. After hearing a loud crash, Theresa, a registered nurse, hopped over the wall to the roadway on the other side. She approached David's and Kathleen's Explorer and determined David had no pulse. Kathleen was conscious and hysterical. Theresa was able to coax Kathleen out of the car and get her to the curb, where Theresa focused on keeping Kathleen away from the wreckage until paramedics came.

While at the scene, Theresa also approached defendant's Honda. She testified he was still inside and screaming, "I want my pot," "I want my marijuana," "I want my wax," "It's not my day to die," "[M]y toe," and "[W]here is my puff?" He also stated, "I have a card," and "[I]t's legal." Theresa asked defendant if he realized he just killed someone, but he did not respond to the question and kept repeatedly screaming about his marijuana and wax. Theresa testified defendant was alert, but she did not check if he was oriented to time and place. She stated his eyes were open and he made sense when he talked, but he never asked about anyone else.

D. M.J.

M.J. was driving northbound on Gosford Road and was positioned behind David's and Kathleen's vehicle. M.J.'s wife, Christy S., and their son were also in the vehicle. M.J. was slowing down as the light changed to red when she saw something white flash through the air. She hit the brakes and ducked as the passenger compartment of defendant's Honda flew over the top of her Explorer, leaving only some scratches. M.J. and Christy exited their vehicle and Christy, also a registered nurse, approached defendant's Honda as he crawled out. M.J. testified defendant said this was the second time he flipped a car and he was saying, "Just fucking kill me now," "I wish God would kill me," and "I want to get high. I just want to get high."

After determining that defendant seemed fine except for an injured toe, M.J. heard Kathleen screaming. Christy ran over to David's and Kathleen's vehicle and took Kathleen in her arms. Christy shook her head at M.J., which M.J. interpreted as a signal that David did not make it.

M.J. told an officer that defendant was awake and alert but "fitsy." She explained she meant defendant did not seem able to focus on what had just occurred or the severity of it. He did not answer when asked if he was okay, did not seem to realize that his dog had flown out of his car and underneath a smashed vehicle, and did not appear to have a grasp on what had just happened.

III. Defendant's Statements at Hospital

A. Dr. Heer

Defendant was also transported to KMC. Dr. Jagdipak Heer, who was the supervising physician on duty at the emergency room that day, testified that defendant complained of pelvic, back and toe pain, and that he was hostile and yelled at staff. Defendant's medical records reflect staff had "a concern about severe intoxication." Defendant reported using marijuana daily, and his urinalysis was positive for THC and opiates. Dr. Heer testified defendant was given morphine at the hospital, but he was not aware whether that occurred before or after the urinalysis.

At the time defendant's blood was drawn for testing approximately one hour after the collision, he was cooperative. He told the nurse drawing his blood that he smoked marijuana daily and had a medical marijuana card. He also stated that two weeks earlier, he was in a rollover accident.

B. Officer Beahm Officer Aaron Beahm arrived at the hospital at approximately 1:30 p.m. and spoke with defendant. Defendant was lying on a gurney hooked up to an IV and monitors, and his neck was in a cervical collar. He was cooperative and reported having a prior serious head injury but declined to provide

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