Kendricks v. Montgomery
| Decision Date | 16 April 2018 |
| Docket Number | No. 1:15-cv-01617-DAD-SKO HC,1:15-cv-01617-DAD-SKO HC |
| Parties | CHARLES D. KENDRICKS, Petitioner, v. W.L. Montgomery, Warden, Respondent. |
| Court | U.S. District Court — Eastern District of California |
FINDINGS AND RECOMMENDATION TO DENY PETITION FOR WRIT OF HABEAS CORPUS AND DECLINE TO ISSUE CERTIFICATE OF APPEALABILITY
(Doc. 5)
Petitioner, Charles D. Kendricks, is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. He alleges three grounds for habeas relief: (1) the jury was incorrectly instructed on the elements of self-defense; (2) the jury instruction on self-defense conflicted with the definition of self-defense in the California penal code; and (3) one of the jury instructions undercut Petitioner's defense and violated his right to a fair trial. Having reviewed the record as a whole and applicable law, the undersigned recommends that the Court deny the habeas petition.
On the evening of March 18, 2005, Anthony Terrell ("Terrell"), O'Brian Matthews ("Matthews"), and Darnell Small ("Small") drove to a friend's apartment in Fresno. After arriving at the apartment complex, the three left their car in the parking lot and walked to a nearby Chevron gas station. Matthews and Small were active members of the West Roy Country Boys.2 The West Roy Country Boys is a gang located in southwest Fresno that claims loyalty to the Bloods gang. Matthews and Small were wearing red shirts, which is a color associated with the Bloods.
Petitioner was at the Chevron gas station putting air in his car's tires when the three men arrived at the gas station. Petitioner was a member of the East Lane Street Crips,3 a gang which is located on the east side of Fresno. The rivals of the East Lane Street Crips are any groups beyond the east side, and any gang affiliated with the Bloods, such as the West Roy Country Boys. On that evening, Petitioner was wearing a blue Dallas Cowboys jersey. Blue is associated with the East Lane Street Crips.
The Chevron station was located in the East Lane Street Crips territory, and approximately three to four miles from the territory of the West Roy Country Boys. Consequently, Matthews and Small were in rival gang territory, wearing the colors associated with their gang.
As Small, Matthews, and Terrell walked into the gas station, Terrell believed that Petitioner was staring at them and giving them a look that appeared to say, "I'm gonna come get you. . . ." Small also believed Petitioner was looking at them as they entered the gas station.
At trial, Terrell testified that Matthews faced Petitioner, made a racial slur, and stated, "This [is] West Roy," referring to Matthews's gang. Small and Matthews entered the gas station, while Terrell remained outside. Terrell saw Petitioner open his driver's side door and appear to put something in his waistband. Terrell, believing Petitioner put a gun in his waistband, entered the gas station to warn Small and Matthews, and they should hurry and get out of there. Small looked mad, and Terrell believed that something bad was going to happen.
Terrell, Small, and Matthews walked out of the store. Petitioner was still standing outside of the gas station, and appeared to be waiting for them. Petitioner watched as the three men walked away from the gas station.
Terrell testified that Small, Matthews, and he walked to their friend's apartment across the street. Petitioner followed the three men as they walked, made a racial epithet, and added, "East Lane."4 Petitioner told Matthews, "So now what you do?" Matthews said "It ain't even like that. . . ." Matthews cursed at Petitioner and Petitioner called Matthews and Small "slob asses," which is a derogatory term for members of the Bloods gang. Terrell testified that with this comment, Petitioner was showing disrespect to Matthews because he was "a young Blood."5 Petitioner continued to exchange words with the three men and stated "I've got something for y'all." Matthews responded, 6
As Petitioner was following the three men, he put his hand inside his shirt and produced a Glock pistol. As Petitioner pulled the gun out, Matthews repeated, "It's not even like that."
Within seconds of pulling out the gun, Petitioner fired more than three shots at Matthews and Small. As Petitioner, fired, Matthews and Small were looking towards Petitioner, and Matthews continued to repeat,
Terrell ran away from the scene when he heard the gun fire, but ran back when he heard Small say, "I'm hit." Small fell down and was spitting up blood. Terrell tried to help Small run toward the apartments, but Small fell down again. Matthews was shot twice in the chest. Terrell told a bystander to call the police. After firing his gun, Petitioner ran away from the scene.
Detective Rafael Villalvazo ("Detective Villalvazo") arrived at the scene of the shooting and saw Terrell kneeling over Small and Matthews, who were both lying on the ground with gunshot wounds. As Detective Villalvazo walked toward the victims, Terrell ran away and headed toward a nearby apartment building. Detective Villalvazo testified that Terrell pulled a gun out of his waistband and threw it away as he ran.
Shortly thereafter, Terrell was captured by the police, taken into custody, and brought back to the scene of the shooting. As Terrell was returned to the scene, Matthews was telling individuals at the scene that he had been shot. Terrell yelled out, "I shot those mother fuckers back."7 Terrell was placed under arrest.
Matthews and Small were taken to the hospital. The police did not find guns on either man when they were admitted to the hospital. Small died that night from a single gunshot wound, which entered the front of his chest, went through his lung and heart, and lodged in his back. He had been shot from a distance of 24 to 32 inches away.
Matthews was shot in the right lung, spent over a month in the hospital, and survived. Matthews was interviewed at the hospital by Detective Michele Ochoa ("Detective Ochoa").Matthews admitted that he had a gun that night and stated that he fired it, but threw it away. During a second interview after being released from the hospital, Matthews admitted he was carrying a .44 magnum in his pocket. Matthews stated that as Petitioner was following them, he pushed down Small, started to turn and pull his gun out, and was raising his right arm, when he was shot. Matthews stated he shot at Petitioner because he did not want Petitioner to kill them. Matthews believed he fired his gun two or three times, and then threw the gun away.8
Matthews was in custody when he testified at Petitioner's trial. He had pled guilty to a gang charge based on the shooting incident. Matthews was originally charged with murder, a gang enhancement, and a gun charge as a result of the shooting, but pled guilty to the gang charge "just to get out of jail."
Quincy Brown ("Brown"), who had grown up with Petitioner and was a former East Lane Street Crips gang member, testified at trial that he was with Petitioner on the night of the shooting. Brown stated that he was hanging out with Petitioner earlier in the evening on the night of the shooting and knew Petitioner was carrying a gun. Brown walked to the gas station later in the evening and ran into Petitioner and Petitioner's wife. Brown heard Small, Matthews, or Terrell say, "West up Blood" to Petitioner, who responded "East up cuz,"9 before Small and Matthews entered the gas station. Brown testified that Petitioner was upset about the exchange because he felt he was being "hit up," i.e. disrespected, by a rival gang member in front of his wife.
Brown testified that after the three men exited the gas station, Petitioner followed them across the street. Petitioner and the three men exchanged words and racial epithets with Petitioner. Brown thought he saw Terrell, Small, or Matthews reach behind his back, as if to pulla gun. Brown never actually saw the man with a gun, but assumed the man had a gun based on his actions. Brown walked behind Petitioner, as Petitioner followed Terrell, Small, and Matthews, but ran away when he heard gunshots.
When gunshots were fired, Brown ran back to his apartment. Petitioner called Brown approximately 30 to 40 minutes after the shooting and asked Brown if he saw what happened. Petitioner told Brown that Terrell, Small, or Matthews spoke to him and said "West up." Petition responded, "East up." Petitioner alleged that Terrell, Small, or Matthews then Petitioner added, Petitioner told Brown he did not know how the incident started.
At trial, Brown testified that although he saw Petitioner with a gun earlier that day, he did not see Petitioner get a gun from his car, pull a gun, stand in the street and point a gun, fire, or reload that evening.
Petitioner was arrested at his apartment on March 23, 2005. Petitioner was charged with murder (Cal. Penal Code § 187(a)); attempted murder (Cal. Penal Code §§ 664, 187(a)); street terrorism (Cal. Penal Code §186.22(a)); and second degree robbery (Cal. Penal Code § 211).10 Additionally as to the murder and attempted murder counts, it was alleged Petitioner personally used a firearm, and personally and intentionally discharged a firearm, which proximately caused great bodily injury or death (Cal. Penal Code §§12022.53(b), (c), (d)). Petitioner was alleged to have one prior strike conviction (Cal. Penal Code §§ 667(b)-(i)); one prior serious felony enhancement (Cal. Penal Code § 667(a)); and served one prior prison term (Cal. Penal Code §667.5(b)).
At trial, the court gave three jury instructions relevant to the case at bar. First, the court instructed the jury as to CALCRIM No. 3471, which stated:
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