People v. Jacquett
| Decision Date | 14 July 2022 |
| Docket Number | C091059 |
| Parties | THE PEOPLE, Plaintiff and Respondent, v. RAYMOND AUSTIN HASSON JACQUETT IV, Defendant and Appellant. |
| Court | California Court of Appeals Court of Appeals |
NOT TO BE PUBLISHED
Defendant Raymond Austin Hasson Jacquett IV was convicted by a jury in a murder-for-hire case. Dr. Thomas Shock, a podiatrist, was shot multiple times in the doorway of his home in Lodi. The jury found defendant guilty of second degree murder for his role in the killing organized by codefendant Robert E. Lee (Lee) in revenge for Dr. Shock's treatment of Lee's wife Bonnie Lee, which Lee believed led to her suffering and death.
Defendant contends his counsel was constitutionally ineffective in: (1) introducing the testimony of defendant-the sole witness for the defense-with the statement that "[t]he defense needs to raise a reasonable doubt," which erroneously shifted the burden of proof beyond a reasonable doubt to defendant and (2) failing to object to the prosecutor's cross-examination that touched on defendant's silence after receiving Miranda[1] warnings-i.e., that trial was the first time defendant told anyone his version of the events-as well as to the prosecutor's closing argument which highlighted that defendant's testimony at trial was the first time he told "this story." Lastly defendant contends the case should be remanded for resentencing because the court mistakenly believed he was statutorily ineligible for probation.
We agree with defendant's final claim and will remand for resentencing, in all other respects we affirm the conviction.
I
Cheri Lee is the daughter of Lee. Her mother, Bonnie passed away in 2016. Lee and Bonnie were married when they were 16 or 17 years old. Bonnie had numerous health problems, including with her foot. Dr. Shock treated Bonnie for her foot problems. Bonnie was treated for an ingrown toenail, which became infected and resulted in her having several toes and half of her foot amputated. Bonnie was in great pain. Lee had to retire to care for her. Lee blamed Dr. Shock for Bonnie's suffering and death. After she died, all Lee would talk about with Cheri was about how he would not rest until he got his revenge.
Lee told Cheri about his plans to kill Dr. Shock. Lee said he had met some men who were going to help him, and they had staked out Dr. Shock's house. Lee said he met one of the men selling CDs in front of an am/pm store, and asked him if he knew somebody that could help with killing Dr. Shock. Lee said he met with some individuals at a restaurant in Sacramento to discuss the murder. Cheri told Lee that he would get caught and he needed to let it go.
On August 1, 2018, sometime between 11:00 a.m. and 2:00 p.m Jason Glissman, a sheriff's deputy who lived near Lee, saw a white sports utility vehicle (SUV) with a black male in the driver's seat parked near Lee's residence. Glissman had not seen this vehicle or the driver in the neighborhood before. Glissman was going to ask the driver if he needed assistance, when Lee stepped out of his residence. Glissman approached Lee on his porch and checked to make sure that everything was okay with him.
On August 1, 2018, Dr. Shock was living on Rivergate Drive in Lodi with his wife of 45 years, Nancy. Dr. Shock was retired. Nancy went upstairs to bed sometime between 9:00 and 9:30 p.m. Dr. Shock was working downstairs in the office.
Around 9:45 p.m. on August 1, 2018, Charles Mauch, the Shocks' neighbor, heard three loud gunshots. Mauch waited a minute or two and looked out the window. He saw a light-colored station wagon or SUV driving past Dr. Shock's house without its lights on. Mauch could not see who was driving. The car went one or two blocks, turned on its lights and disappeared. Mauch saw that Dr. Shock's front door was open and something was in the doorway. Mauch got dressed, went to Dr. Shock's house, and saw him lying in the doorway in a pool of blood. Mauch also observed some documents lying on the porch. He called 911 and a police officer arrived shortly thereafter.
Khadijeh Ibrahim was walking across the street from Dr. Shock's residence around 9:45 p.m. on August 1, 2018. She saw a house with the door open, heard a shot, and saw a tall, thin man running away from the house. A car was parked in front of the house. The man got in the car, which took off.
Piper Loomis was driving in the neighborhood of Dr. Shock's house around 9:45 p.m. on August 1, 2018. Loomis's cousin was driving Loomis's car home from a youth event. On the way, as they drove by the Shocks' residence, they saw a gray or white SUV with the engine running and the lights on, but no one inside it. They circled back around and, as they were passing the Shocks' house, they heard two gunshots. They swerved towards the gate to Loomis's house on the same street, because they thought someone was shooting at their car.
On August 1, 2018, a police officer dispatched to the Shocks' home arrived just before 10:00 p.m. and found Dr. Shock lying in the entryway unresponsive. Dr. Shock had gunshot wounds to the head, chest and arm. The officer could see blood and some bone fragments on the ground. Dr. Shock was declared dead at the scene.
Nancy Shock was awakened by the police coming in the house. From the top floor, Nancy could see Dr. Shock lying on the floor. She knew he was dead because his body was covered.
An autopsy determined that Dr. Shock had been killed by three gunshots fired at close range to the head and chest. Two bullets were recovered from Dr. Shock's body. A comparison of the bullets determined that they were most likely fired from the same weapon, likely a revolver. No shell casings were discovered at the scene. The lack of shell casings suggested that the shooter either picked them up or used a revolver, from which shells have to be ejected manually. The detective assigned to the case, Michael Hitchcock, determined that Lee was the registered owner of three .38-caliber revolvers. Hitchcock did not find any revolvers in a search of Lee's home, but did recover .38-caliber ammunition.
Law enforcement officers found a piece of paper near Dr. Shock's body. Detective Hitchcock determined that the piece of paper was part of medical board complaint against Dr. Shock involving Robert and Bonnie Lee. Hitchcock found the remainder of the complaint, missing the one page that was found near Dr. Shock's body, in Lee's home. The staple holes on the piece of paper matched the staple holes in the rest of the complaint. The paper found by Dr. Shock's body was analyzed for fingerprints and found to contain the prints of codefendants Mallory Stewart and Christopher Costello.[2]
Video cameras at a residence on River Oaks Drive and Turner Road, and a stereo store on the corner of Church Street and Turner Road, captured images of a vehicle traveling on Rivergate Drive on August 1, 2018, at the time relevant to the shooting. Detective Hitchcock determined defendant's car appeared to be the same vehicle seen in the video on the night of the shooting. When defendant was arrested, he was driving a white Mitsubishi Montero. At the time of his arrest, the Montero's license plates had been switched back to front, that is the license plate that was affixed to the front of the vehicle had the year and month stickers on it, which should be on the rear license plate. They were properly located on July 30, 2019, and August 1, 2018, at 3:35 p.m.
In August 2018, Shiedgar Peterson was codefendant Stewart's girlfriend. Stewart lived in Sacramento. In August 2018, Stephanie Williams was codefendant Costello's girlfriend. Williams had one child with Costello. She lived in Stockton. Costello grew up in Sacramento and sometimes stayed with family or friends there. Costello was a rapper who used the name "Yung Cos."
Sara Morin, a criminal intelligence specialist with California's Department of Justice, an expert in cell site analysis, testified regarding cell phone activity for "target" telephone numbers associated with Stewart, Costello, Lee, and defendant, including the numbers of Stewart's and Costello's girlfriends, in and around the time of Dr. Shock's murder.
Morin testified that in the days leading up to the murder, between July 27, 2018, and July 31, 2018, there were multiple contacts between defendant's phone number and those associated with Stewart, Costello and Lee, and Stewart's and Costello's girlfriends.
Morin testified that on the day of the murder, August 1, 2018, the target phones were connecting frequently throughout the day up until 8:21 p.m. Morin testified that from 8:21 p.m. to 10:13 p.m., there was a break in defendant's phone's cell site activity. There was a break in all activity from 9:30 p.m. to 10:13 p.m. From 9:36 p.m. to 10:03 p.m., there was a break in activity from all cell phones associated with Costello, Stewart, defendant and Lee.
At 10:03 p.m., Lee's phone called Costello's Yung Cos phone and again at 10:06 p.m. At 10:12 p.m. and 10:13 p.m., defendant's phone attempted to call Stewart's phone. At 10:15 p.m., Costello's Yung Cos phone attempted to call defendant's phone. At that time, defendant's phone connected to two different cell sites just north of Lodi, consistent with someone driving northbound. By 11:31 p.m., defendant's phone was connecting with a cell site that encompassed his residence in Sacramento.
Morin summarized the pattern of activity and breaks in activity of cell phones associated with Stewart, Costello, Lee and defendant at and around the time of Dr. Shock's murder. For defendant's phone, the Stewart phone was a commonly called number with over 750 contacts from July 1, 2018, to September 18, 2018. D...
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