People v. Delgado
| Decision Date | 27 February 2017 |
| Docket Number | S089609 |
| Citation | 214 Cal.Rptr.3d 223,389 P.3d 805,2 Cal.5th 544 |
| Court | California Supreme Court |
| Parties | The PEOPLE, Plaintiff and Respondent, v. Anthony Gilbert DELGADO, Defendant and Appellant. |
Michael J. Hersek, State Public Defender, under appointment by the Supreme Court, and Jolie Lipsig, Deputy State Public Defender, for Defendant and Appellant.
Kamala D. Harris, Attorney General, Dane R. Gillette and Gerald A. Engler, Chief Assistant Attorneys General, Michael P. Farrell, Assistant Attorney General, Ward A. Campbell, Stephanie A. Mitchell, Sean M. McCoy and Tia M. Coronado, Deputy Attorneys General, for Plaintiff and Respondent.
Corrigan, J.Defendant, Anthony Gilbert Delgado, killed two fellow inmates while serving a 25-year-to-life sentence in Corcoran State Prison. A jury convicted him of two counts of first degree murder,1 with the special circumstances of lying in wait2 and multiple murders;3 two counts of assault by a life prisoner with malice aforethought,4 with findings that the assaults proximately caused the victims' deaths; battery by a prisoner on a correctional officer;5 and possession of a sharp instrument by a prisoner.6 It also found he had suffered two prior felony convictions within the meaning of the "Three Strikes" law.7
The jury returned a death verdict and the trial court entered a conforming judgment,8 as well as two consecutive terms of 25 years to life for the battery and weapon possession counts. This appeal is automatic. We affirm the judgment in its entirety.
On September 30, 1998, defendant and Frank Mendoza shared a cell. Around 11:15 p.m., an officer noted that both men were lying on their bunks watching television. About 25 minutes later, defendant called out, and Officer Carmona went to investigate. He saw Mendoza slumped forward on his knees between the two beds. Defendant calmly walked over to Mendoza, lifted him up by a cloth wrapped around his neck, and dropped him back to the ground. Mendoza had been strangled to death. A pillowcase covered his face, secured by a torn bed sheet. A white sock and second torn sheet were tied around his mouth. Written on the back of Mendoza's T-shirt were the words:
Defendant gave a taped statement about the killing and reenacted the crime. Mendoza had verbally abused defendant and bragged about his prior status as a lieutenant in the Nuestra Familia prison gang. Defendant warned he would "take [Mendoza] out" if he continued this behavior. Mendoza persisted, so defendant decided to kill him. Already serving a life sentence, defendant had nothing more to lose. Defendant "knew exactly when [he] was going to do it." After nighttime cell check, he covered the overhead light and wedged paper in the cell door to prevent entry. Mendoza seemed nervous, so defendant watched television to put him at ease. When the opportunity arose, defendant choked his victim for over four minutes, which he timed. Mendoza struggled, but eventually defendant could "fe[el] the life come out of him." Defendant tied a sheet and a sock around his neck, pulling it as tight as he could. He watched Mendoza for a while to make sure he was dead. Defendant felt no remorse. He said Mendoza "had it coming." He wrote a message on Mendoza's T-shirt and watched more television. He then removed the paper from the door and alerted the guards.
On July 2, 1999, defendant and inmate Kevin Mahoney, Jr., were placed in an exercise yard together. About two hours later, a security alarm summoned Officer Robert Todd to the yard. Mahoney was lying facedown in a pool of blood. He had no pulse or respiration. There were lacerations and bruises on his face and body, and a subdural hemorrhage at the back of his head. Two T-shirts were tied around his neck. A nearby wall bore blood splatters and a "happy face" drawn in blood. Defendant's feet and legs were covered in blood. While waiting in a holding cell, defendant told one officer,
A surveillance tape captured the attack. When defendant and Mahoney were placed in the yard, they shook hands, then walked and sat separately for several minutes. Later they walked together. Approximately 52 minutes after they entered the yard, defendant attacked Mahoney without warning, punching and kicking him repeatedly for about 30 seconds. After the attack, Mahoney sat on the ground as defendant paced back and forth. Defendant attacked again about 12 minutes later, striking Mahoney several times in the head with a shoe. Mahoney remained seated; defendant continued to pace. A third attack occurred about 27 minutes after the second. Defendant grabbed Mahoney from behind and dragged him into a shadowy corner. He choked his victim for over four minutes, then picked up a T-shirt and tied it around Mahoney's neck. Defendant resumed pacing, repeatedly returning to the body and stomping on it.
Mahoney was strangled to death. His blunt force injuries were consistent with having suffered repeated blows.
Again, defendant gave a taped statement and reenacted the crime. He decided to kill Mahoney as soon as they were put in the yard together, and put him at ease by telling him that he wanted no trouble. Defendant judged Mahoney an "[e]asy" mark. Defendant had planned to lunge at his victim and snap his neck, but he was unable to grip him securely. He resorted to punching and kicking instead. Defendant attacked Mahoney three times Defendant explained that he moved Mahoney to that location because it would be more difficult for guards to shoot him. He choked the struggling man until he stopped breathing, then tied torn T-shirts around his neck. Defendant could hear Mahoney "gurgling in his [own] blood" which angered him. Intent on "caus [ing] as much injury ... as I could," he used his foot to repeatedly slam Mahoney's head into the concrete.
Defendant told an investigator, As to motive, he said: He confirmed that he would kill again, saying "I hope there gonna [be] ten or fifteen" more victims. According to defendant,
Between the two murders, on October 20, 1998, defendant attacked Correctional Officer Eric Mares. As he was being handcuffed to be taken to the shower, defendant pulled away and ran to the middle of his cell with the handcuff attached to one wrist. Asked what was bothering him, defendant replied, "[T]his conversation's over and I'm taking this to the next level." Several officers assembled for a cell extraction. When they directed pepper spray into the cell, defendant rushed at the door holding his mattress to block the spray. An officer ran in, but slipped immediately because a slick substance covered the floor. A second officer also slipped and fell. Officer Mares managed to enter and grab defendant's legs. Defendant jabbed at Mares several times with a pointed object. Another officer pried the weapon from defendant's grasp. A sharp piece of plastic with a cloth handle was recovered from the cell floor. A second piece of sharpened plastic was found on defendant's bed. Mares had puncture holes in his protective vest and cuts on his shoulder.
Defendant admitted that he "[j]ust got bored," and decided to provoke a cell extraction. He had two weapons ready for the confrontation and put shampoo in front of the cell door so entering officers would lose their footing. He admitted stabbing Officer Mares in the shoulder and trying to get
Defendant was convicted of two counts of assault with a deadly weapon in 1994, and was serving a life sentence when the charged crimes occurred.
1. Prosecution
The prosecution introduced evidence of 10 incidents between 1997 and 2000 during which defendant possessed various weapons and assaulted correctional officers or another inmate. Several of these incidents are discussed in further detail, post , at pages 44-50. Evidence also established defendant was convicted of receiving stolen property in 1986, possession of a weapon by an inmate in 1986, and second degree burglary in 1990.2. Defense
The youngest of nine children sired by four different fathers, defendant was neglected and abused by his alcoholic mother. As an infant, he was often left crying, soiled, and hungry after his mother passed out. His 11-year-old sister frequently assumed his care. As defendant got older, his mother would tie his hands and lock him in a dark closet for extended periods. She beat him often with a broom or a belt. She sometimes made him kneel on grains of rice, which cut his bare knees. The family had little to eat, but his mother punished him if he accepted food from neighbors.
Defendant's cousin, Inocencio Ortega, recalled defendant's mother...
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People v. Gomez
...other instructions dispelled any potential confusion that may be present in CALJIC No. 8.71. (See People v. Delgado (2017) 2 Cal.5th 544, 573–574, 214 Cal.Rptr.3d 223, 389 P.3d 805 ["We have long held that ‘the correctness of jury instructions is to be determined from the entire charge of t......