People v. Lamb

• Docket Number: S166168
• Decision Date: 11 July 2024
• Citation: People v. Lamb, 551 P.3d 479, 322 Cal.Rptr.3d 777 (Cal. 2024)
• Parties: The PEOPLE, Plaintiff and Respondent, v. Michael Allan LAMB, Defendant and Appellant.
• Court: California Supreme Court

322 Cal.Rptr.3d 777

551 P.3d 479

The PEOPLE, Plaintiff and Respondent,

v.Michael Allan LAMB, Defendant and Appellant.

S166168

Supreme Court of California.

July 11, 2024

Orange County Superior Court, 03CF0441, William R. Froeberg, Judge

Kathy R. Moreno, under appointment by the Supreme Court, for Defendant and Appellant.

Kamala D. Harris and Rob Bonta, Attorneys General, Gerald A. Engler and Lance E. Winters, Chief Assistant Attorneys General, Julie L. Garland and James W. Bilderback II, Assistant Attorneys General, Holly D. Wilkens, Ronald A. Jakob, Michael T. Murphy and Donald W. Ostertag, Deputy Attorneys General, for Plaintiff and Respondent.

Opinion of the Court by Evans, J.

A jury convicted defendantMichael Allan Lamb of the first degree murder of Scott Miller(Pen. Code, § 187, subd. (a))¹ and the willful, deliberate, and premeditated attempted murder of Sergeant Michael Helmick, a peace officer (§§ 664,187, subd. (a)).The jury also found Lamb guilty of conspiracy to commit murder (§§ 182, subd. (a)(1),187, subd. (a)), unlawfully carrying a loaded firearm in public by an active participant in a criminal street gang (former § 12031, subd. (a)(1), (2)(C)), and two counts each of possession of a firearm by a felon (former § 12021, subd. (a)(1)) and street terrorism (§ 186.22, subd. (a)).

The jury found true a gang-murder special-circumstance allegation.(§ 190.2, subd. (a)(22).)As to all counts except the street terrorism charges, it also found true the allegation that the offenses were committed for the benefit of, at the direction of, or in association with a criminal street gang with the intent to promote, further, or assist in the criminal conduct of the gang members.(§ 186.22, subd. (b)(1)(A).)As to the murder and conspiracy to commit murder counts, the jury found true allegations that Lamb intentionally and personally discharged a firearm in the commission of the offenses causing death.(§ 12022.53, subd. (d).)²

The jury failed to reach a penalty verdict.At the penalty phase retrial, a different jury fixed the penalty at death.The court entered a judgment of death.

This appeal is automatic.(§ 1239, subd. (b).)Based on recent amendments to section 186.22 from the enactment of Assembly BillNo. 333 (2021-2022 Reg. Sess.)(Assembly BillNo. 333), we reverse Lamb’s convictions for street terrorism and unlawfully carrying a loaded firearm in public by an active participant in a criminal street gang.For the same reason, we reverse the true findings on the gang enhancements and gang-murder special circumstance.We vacate Lamb’s death judgment and remand the case to the trial court for any retrial of the reversed convictions, enhancements, and special circumstance.In all other respects, we affirm.

I.Factual Background

A.Guilt Phase

1.Prosecution Evidence

On the evening of March 8, 2002, Scott "Scottish" Miller, a founding member of white supremacist gang Public Enemy Number One (PEND, also known as PEN1 Death Squad, was found dead in an alley with a single gunshot wound to the back of his head.Three days later on March 11, fellow PEN1 members Lamb and Jacob Rump were arrested after a pursuit during which Lamb fired a shot at Sergeant Helmick using the same gun that had killed Miller.The prosecutor’s theory was that, acting upon an order to kill Miller in retaliation for having participated in a news program about the gang, fellow PEN1 member Billy Joe Johnson drove Miller to the alley where Lamb, backed up by Rump, shot Miller.

a. Murder of Scott Miller

Christina Harris testified that she lived in a two-story apartment on West Gramercy Avenue in Anaheim.Lamb and Rump, as well as PEN1 associate Tanya Hinson, would occasionally stay at Harris's apartment.On March 8, Lamb called the apartment to speak to Hinson and said he had something very important to talk about.Harris conveyed this message to Hinson.Later that night, Harris saw Lamb, Rump, and Hinson in her living room.She asked them to leave, and they complied.

Two to three minutes later, between 10:30 p.m. and 11:00 p.m., Harris heard a single gunshot.Between three and 10 minutes after the gunshot, Harris looked out her bedroom window and saw a blue car driving through the alley with what appeared to be three "Mexican" men with shaved heads.About 10 minutes later, Harris and a friend went outside and saw a body lying on the ground, who was later identified as Miller.

Residents in the area of West Gramercy Avenue testified that at approximately 11:30 p.m. that evening, they heard a loud bang or gunshot coming from a nearby alleyway.Approximately 20 seconds ater, a neighbor heard screeching tires coming from the alley.Anaheim police arrived on the scene just before midnight and discovered Miller with a gunshot wound to the back of the head lying facedown in the alley next to a dumpster.A shell casing was found nearby.A black baseball hat and a Pepsi can were underneath Miller’s body.The pathologist testified that Miller died from a single gunshot wound to the back of the head and that he had no defensive wounds.He would have been immediately rendered unconscious and most likely died several minutes after being shot.

b. Attempted murder of Sergeant Michael Helmick

Anaheim Police Sergeant Michael Helmick testified that on the afternoon of March 11, he was working undercover and therefore was not in uniform.While driving an unmarked white Buick Century, he was dispatched to investigate a possible stolen vehicle, a 2002Ford Taurus, parked in an alley near a home where Lamb and Rump had recently been staying.Sergeant Helmick arrived at the alley and an Anaheim Police Department helicopter provided assistance, flying a wide orbit about 1,800 feet above the ground to avoid detection.Looking over an adjacent wall, Sergeant Helmick confirmed that the Taurus had been reported stolen, and then took up a position at the south end of the alley and contacted Anaheim Police Detective Danny Allen for assistance:

Sergeant Helmick was advised that the Taurus, which was driven by Rump, had begun to move, and Sergeant Helmick followed the Taurus in his vehicle when it exited the alley.Marked police cars were also asked to respond and the helicopter began to descend.After driving a short distance, the Taurus stopped in the middle of the roadway and Sergeant Helmick brought his vehicle to a stop about five car lengths behind; there were no other vehicles between Sergeant Helmick and Rump, and Sergeant Helmick could see Rump continuously staring at him through the left side-view mirror.A man later identified as Lamb with a shaved head and carrying a black jacket ran toward and entered the Taurus.Rump continued looking at Sergeant Helmick through the mirror and the Taurus then made an abrupt U-turn and a pursuit commenced.

After a short pursuit joined by Detective Allen driving an unmarked Monte Carlo, Lamb and Rump exited the Taurus and ran into an apartment complex.The helicopter had descended to between 400 and 600 feet above the ground, and Sergeant Helmick and Detective Allen pursued Lamb and Rump on foot.At that altitude, the helicopter was extremely loud to a person on the ground.Though they were both in plain clothes, Sergeant Helmick had a badge on his belt and Detective Allen was wearing a raid jacket marked with "Police" on the front and back.Both officers were holding their radios and had their guns drawn.Lamb and Rump went to a second story balcony of the apartment complex.As the officers approached, they heard a gunshot directly above them.The helicopter pilot observed Lamb lift himself over the railing and point a stainless steel handgun at Sergeant Helmick; the pilot saw a muzzle flash from the gun.A witness thought he heard someone yell "police" before hearing a gunshot.Though when asked on cross-examination whether he was sure he heard the announcement before the gunshot, the witness responded, "Well, um, I don’t know."Lamb and Rump ultimately were taken into custody.

c. Investigation

Forensic specialists testified that after Lamb’s arrest, gunshot residue was found on his right dominant hand.This indicated that he had either fired a gun, was in close proximity to a fired gun, handled a discharged gun, or had touched a surface that was near a gun when it was fired.A glove found in the Taurus also had gunshot residue.

A forensic supervisor testified that the single-action semiautomatic handgun recovered from the March 11 crime scene was jammed.The safety was off, the hammer was cocked in the firing position, and the magazine was loaded with 10 rounds of live ammunition; however, a spent cartridge had not ejected from the chamber.A forensic firearm examiner testified that a bandana tied around the grip may have impeded the movement of the slide, and that this gun had also fired the expended casing found near Miller’s body.

PEN1 member Darrell Mason testified that he was in custody in the Orange County jail with Lamb in June 2002.Lamb claimed to have killed Miller and said "he had stripes coming for that," which Mason understood to mean that Lamb expected "some status coming to him."Lamb told Mason he had shot Miller in the back of the head.Lamb seemed to be "looking for a little bit like a pat on the back or something."Before Miller was killed, Lamb did not have a high status within PEN1.Mason knew Miller had spoken about PEN1 to Fox 11 News and that as a result, there was an understanding within the gang that something was "supposed to happen" to Miller.Miller was "in the hat"³ for bringing new members into the gang at a time when a PEN1 founder, Donald Mazza, wanted PEN1 to go under the radar.

d. Expert testimony regarding white supremacist gangs

Lieutenant Clay Epperson of the Costa Mesa Police Department testified concerning his investigations of PEN1 and provided expert testimony on white supremacist gangs.Lieutenant Epperson opined Lamb and Rump were active PEN1 members in March 2002.In early 2002,...