People v. Hayes
| Decision Date | 29 September 1969 |
| Docket Number | Cr. 16296 |
| Citation | 80 Cal.Rptr. 893,276 Cal.App.2d 528 |
| Court | California Court of Appeals Court of Appeals |
| Parties | The PEOPLE, Plaintiff and Respondent, v. Harold Elliott HAYES, Defendant and Appellant. |
Harold Elliott Hayes, in pro. per., and Donald F. Roeschke, Woodland Hills, under appointment by the Court of Appeal, for defendant and appellant.
Thomas C. Lynch, Atty. Gen., William E. James, Asst. Atty. Gen., and Howard J Schwab, Deputy Atty. Gen., for plaintiff and respondent.
Defendant was found guilty of murder in the first degree and the jury fixed the penalty at life imprisonment. This is an appeal from the judgment.
After having drinks at several bars, the victim James Anderson and his friend William Gillard went to a local shoeshine parlor noted for its gambling activities. It was late in the afternoon. Defendant was there along with some others. Anderson gave defendant some money to go buy beer. Anderson, a prosperous business man, had been paid $300 in cash earlier that day by a tenant of one of the houses he owned. He put the bills in his money clip along with a $20 bill and some other bills which he then had. After carrying on a friendly conversation with defendant and the others for about an hour, Anderson and Gillard left accompanied by defendant. They got into Anderson's Cadillac and Gillard drove them to a woman's house where they visited for a time. Both Anderson and Gillard were then 'pretty well drunk.' When they left Anderson asked Gillard to drive defendant home and then to drop him off. Instead Gillard drove to his own house and said he was in no shape to drive any further. They all went in and talked to Mrs. Gillard and a neighbor. Anderson then appeared 'really drunk.' Defendant, however, looked 'pretty sober.' Anderson left with defendant at about 9 p.m. A short time later they stopped at a service station for gas. The attendant observed that defendant and Anderson were the only persons in the Cadillac and that defendant was driving.
Anderson was found dead the next morning. He was slumped in the passenger seat of his parked and locked Cadillac. He had been shot seven times, once in the side of the head. On the floorboard near the body the investigating officers found Anderson's money clip. There was no money in it or on his person. Fragments of what later examination revealed was part of a $20 bill were found on the money clip which was also coated with blood. The keys to the car were found in a gutter across the street from where the car was parked. Blood tests on the body revealed that the victim was intoxicated at the time of his death.
Defendant was arrested the next day. He was inside the shoeshine parlor when a squad of officers, some uniformed, arrived. When he observed the officers, defendant made a quick furtive movement with his right hand and removed a revolver from his waistband. He threw the gun behind a door. The officers retrieved it and found that it was fully loaded with seven rounds of .32 caliber ammunition. Later tests determined that the revolver was the murder weapon. Defendant had $24 in his pocket. His jacket had blood on it. His fingerprints were found on the steering wheel of the victim's Cadillac.
Defendant testified that he was 20 years old. About a month before the shooting he was kicked in the head during a fight. Since that time he suffered dizzy spells and had a ringing in his head. He also heard voices calling his name. On the day of the shooting he went to the shoeshine parlor. He smoked marijuana and drank wine and beer. He met Anderson and Gillard and they left together. They drove in Anderson's car to a bar where he had a beer and a 'red devil' for the pain in his head. They then went to a liquor store and he used his own money along with $4 Anderson gave him, which was all the money Anderson had, to purchase a bottle of liquor. They then went to a woman's house where he had some of the liquor. He also had another 'red devil' and smoked some marijuana. By then he was 'high.' After dropping Gillard off, he drove Anderson to the gas station. They had to use Anderson's credit card because Anderson was out of money. Anderson showed him his empty money clip. They then drove to another bar and had another beer which he paid for. He had a bad pain in his head at this time and his ears were ringing. When they left the bar Anderson drove. He told Anderson his address and Anderson said he would drive him home. He then fell asleep in the front passenger seat. When he awoke the car was moving in a direction away from his home and he saw that Anderson had a gun in his hand pointing at him. Anderson told him to relax and be quiet. After driving on for a short distance the car suddenly jerked giving him a chance to grab the gun. He then ordered Anderson to stop the car and he took over the wheel. He began driving and at the same time holding the gun on Anderson. Just before he reached Glenoaks Boulevard Anderson made an attempt to grab the gun. We was afraid Anderson would do something to him if he got hold if it and, when Anderson reached for it, he squeezed the trigger. He kept on squeezing the trigger and shooting at Anderson because Anderson kept attempting to take the gun away from him. During this time the car was still moving. When Anderson finally slumped over he continued to drive on until he came to Rincon Street where he parked the car and locked it. He threw the keys away and put the gun in his waistband. He then walked to Van Nuys Boulevard, turned left and walked over to Laurel Canyon Boulevard. He bought a candy bar at a liquor store there and then entered the Lion'd Den bar where he had a couple more drinks. The next day he secured more bullets for the gun and kept it on him because of the 'guys' who beat him up the month before. When he saw the officers at the shoeshine parlor, on an impulse he threw the gun away. He was not thinking about Anderson at the time and did not know the officers were there to arrest him for killing Anderson. He won the money he had on his person gambling at the shoeshine parlor.
Defendant's mother and girl friend corroborated his testimony about his previous head injury and that he was using narcotics and acting strangely. Other witnesses corroborated defendant's testimony that he was high on alcohol and narcotics on...
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