Darrell T., In re

• Decision Date: 23 February 1979
• Docket Number: Cr. 32199
• Citation: 90 Cal.App.3d 325,153 Cal.Rptr. 261
• Court: California Court of Appeals Court of Appeals
• Parties: In the Matter of DARRELL ANTHONY T., a minor.

Page 261

153 Cal.Rptr. 261

90 Cal.App.3d 325

In the Matter of DARRELL ANTHONY T., a minor.

Cr. 32199.

Court of Appeal, Second District, Division 5, California.

Feb. 23, 1979.

Rehearing Denied March 21, 1979.

Susan L. Wolk, Los Angeles, under appointment by the court of appeal, for appellant.

Evelle J. Younger, Atty. Gen., Jack R. Winkler, Chief Asst. Atty. Gen., S. Clark Moore, Asst. Atty. Gen., Howard J. Schwab, and Beverly K. Falk, Deputy Attys. Gen., for respondent.

HASTINGS, Associate Justice.

Darrell Anthony T., a minor, appeals from the juvenile court order of wardship (Welf. & Inst.Code, § 602) upon a finding that he murdered Bradley Kevin Phillips in violation of Penal Code section 187. He was committed to the California Youth Authority (CYA) and a previous order for camp community placement was terminated. He now appeals from the judgment (order of commitment), contending (1) that the court erred in denying his motion to obtain a copy of the transcript of the fitness hearing of James McDaniels, "a severed co-minor," and one of appellant's witnesses; (2) that there was insufficient evidence to sustain the petition as to the murder; (3) that he was denied his right to a fair trial when witness McDaniels was permitted to invoke his privilege against self-incrimination; and (4) that the court erred in denying his request to have the witnesses Mark Edwards, Nicardo P. and Michael P. (who had been granted immunity) examined by a psychiatrist.

On April 19, 1977, there was gang hostility and antagonism between various "Crip" factions and the "Fives." The Crips were not a gang per se but were factions that used the name "Crips" after another name. These factions included the "Payback Crips," the "Raymond Crips," the "107 Crips," the "9-Deuce Hoover Crips," and other groups. The "Fives," a non-Crips gang, was also called the "135."

According to Robert Wilkins, a security agent at Gardena High School, there had been anger and hostility since 1975 between the Payback Crips and the Fives. The day before the killing, April 18, 1977, there had been a fight between the Shotgun Crips and the Fives at Gardena High School in which 20 to 30 people were involved. The various Crip factions would squabble among themselves, ¹ but would not unite with a non-Crip gang such as the Fives to form an alliance. Thus, while each of the separate Crip factions was, in effect, autonomous, the various Crip units involved in the present case were by their very nature "anti-Fives."

On the morning of April 19, 1977, Daryl Wade, a member of the Fives, observed Reggie T. running around the track saying, "Payback Crip." Subsequently, Derrick J. and another individual circled Wade. According to Wade, Reggie T. tried to hit him and Derrick J. jumped in. Wade ran away.

Later that day at around noontime, Reggie T. beckoned Wade and there was another fight between the two. Security Agent Wilkins noted that before the fight commenced, Reggie T. was in the company of Derrick J. and co-minor Milton D. The fight was broken up before the two factions present had the opportunity to interact.

As Daryl Wade was taken to the school office, Derrick J., told him, "Your neighborhood is dead." In Wade's opinion, this meant that "they were coming over there and get us and shoot at us, whatever."

Reggie T. was taken to the nurse's office where Security Agent Wilkins, observing that Reggie T. had been cut and had lacerations about his face, asked if he wished to press charges. Reggie T. stated that he had his "own police force."

Nicardo P. testified that on April 19, 1977, Michael P. arrived at his house with defendant. The three proceeded to Gardena High where they met Anthony L., spoke with some "Hoover Crips," and got "high." They discussed the problem of the Hoover Crips "jamming" Michael P. earlier. They proceeded to Washington High in Michael P.'s car, a 1963 Chevy, where they met James D., James McDaniels, Kenneth C., and Mark Edwards. James D. was in a brown automobile. Kenneth C. was in a Continental with Edwards and Anthony L. They drove to Milton D.'s home where they spoke of the Fives beating up Reggie T. who was also present. Everyone indicated they were going to talk to the Fives.

Following this discussion they drove to the area of Main and Allenhurst in the three cars. A number of the young males got out of the vehicles. Residents of the neighborhood scattered. Several people from the vehicles cornered Bradley Phillips next to a car where James McDaniels (also known as "Red") shot him repeatedly, killing him. After the murder, most of them left the scene in two of the cars. Michael P. was captured by local residents at the scene after unsuccessfully trying to start the third car, the white Chevrolet. Defendant and Nicardo P. walked away from the scene and went to Nicardo's house.

Immunity was given in this case to Nicardo P., Michael P., and Mark Edwards. Nicardo P. testified that they went to Main and Allenhurst to talk to the Fives and perhaps "box" (fistfight) if necessary. He also stated that on the day of the shooting he was "dusted" on PCP.

Michael P. testified that on April 19, 1977, he went to Anthony L.'s house and borrowed his "1964 Chevy." Milton D. and Reggie T. were also at Anthony L.'s house. Reggie T. stated that some "Fives boys" had "jammed" ² him. Michael P. and Nicardo P. also heard this statement.

Anthony L., Nicardo P., and Michael P. went to Washington High to "get high and dusted," Reggie T. and Milton D. walked away. At Washington High Michael P. saw James D. and McDaniels together in a brown car. Defendant walked up to them and they discussed "smoking some dust." Anthony L. spoke of a "home boy" (Reggie T.) getting "jammed." Somehow it was decided to go to Reggie T.'s home to settle it so that Reggie T. could go "heads up" (one-on-one, with fists) with the person who "stole on him." McDaniels and James D. stated "we down" for this idea (meaning that "everybody is together").

According to Michael P., they proceeded to Milton D.'s house. On the way he saw Kenneth C. and told him they were going to Gardena so Reggie T. could have a fair fight with the guy who jammed him. He stated he wanted to go to ensure that no one else would jump in on the fight.

Eventually, they arrived at the corner of Allenhurst and Main where Michael C. testified he saw some boys standing on the corner. He saw McDaniels run around a car towards them. He heard three shots and he, along with Nicardo P. and defendant, ran back to the car. The Continental and the Torino left, but his car stalled. They then ran up Allenhurst. Michael P. stated that some Fives caught up with him and jammed him. He lost one shoe while he was running. He further testified that he had never been involved in a "head-up" where someone violated the rules by using a weapon and that there had been no talk of any weapon before the shooting. He knew the victim, Bradley Phillips, and knew that he did not have a "red permanent."

Mark Edwards testified that Kenneth C., who was driving a black Continental agreed to give him a ride on his way home from school. At Washington High he was told by Michael P. that Reggie T. had been in a fight with someone named Wade. When they arrived at Allenhurst and Main, Reggie T., Milton D., and one other were also in the Continental. He noted that people began running prior to any shots being fired. Edwards got out of the car. When Wade and Kelly began running, he and Reggie T. got back into the car. Edwards also testified that the reason he went to the Five's area was to get a ride and to see what was going to happen "fightwise." He did not see a gun or hear anyone speak of weapons.

Michael Gipson testified that on April 19, 1977, he was by the corner of Main and Allenhurst with Stanley Scott, Emitt McGee, and Bradley Phillips. He saw three cars (a black Continental, a white or beige "Toyota," and a 1963 Chevy) drive down Main, turn and stop in the middle of Allenhurst. Gipson saw Daryl Wade run around the corner, stating "he got a gun," and "he was going to bust" (shoot). He could see Kenneth C. driving the Continental with Reggie T. in the back. Wade ran into Scott's home through the front door, while Kelly, Scott, and McGee went in the back door. Gipson testified that he saw Bradley Phillips get off his bike and try to hide behind the Gipson's car. After he heard two shots, Gipson also ran into the house. He then heard three more shots. He described the person standing by the victim as a Negro, five feet, eight inches tall, with short red hair, light brown coloring, weighing between 135 and 140 pounds, and wearing an orange shirt. He never say anyone get out of the three cars, but there appeared to be four people in the Continental, four people in the Toyota, and three in the Chevy. After the shooting, Gipson testified he saw Michael P. in the Chevy trying to start it.

Gary Hamilton testified that he saw the three cars stop near the intersection. After the shooting, two people left the white Chevrolet and walked towards him. One of them was light-skinned with freckles. The other one, who was short and dark-skinned and wore a hat, told him that there had been a shooting. The one with the freckles said nothing and just kept walking.

Daryl Wade, who has a reddish-brown permanent, testified that he was with Richard Kelly when he saw three cars come around the corner from Main on to Allenhurst. Someone in a Continental pointed towards him and hollered, "Get that Nigger right there." He saw the back door on the driver's side of the Continental open and observed someone exit with a gun in hand. It appeared to be a .38 caliber pistol. Wade yelled, "The Crips is coming," although he didn't actually recognize anyone in the cars as Crips. He saw the cars stop and recognized Michael P. in the Chevy with four others. He observed five people in the Continental. He told his friends to run because "them dudes is coming."

Wade saw...