People v. Miracle

• Decision Date: 03 December 2018
• Docket Number: S140894
• Citation: 430 P.3d 847,240 Cal.Rptr.3d 381,6 Cal.5th 318
• Court: California Supreme Court
• Parties: The PEOPLE, Plaintiff and Respondent, v. Joshua Martin MIRACLE, Defendant and Appellant.

6 Cal.5th 318

430 P.3d 847

240 Cal.Rptr.3d 381

The PEOPLE, Plaintiff and Respondent,

v.Joshua Martin MIRACLE, Defendant and Appellant.

S140894

Supreme Court of California.

Filed December 3, 2018

Michael J. Hersek and Mary K. McComb, State Public Defenders, and Andrea G. Asaro, Deputy State Public Defender, for Defendant and Appellant.

Law Offices of John T. Philipsborn, John T. Philipsborn, San Francisco; Sanger Swysen & Dunkle and Stephen K. Dunkle, Santa Barbara, for California Attorneys for Criminal Justice as Amicus Curiae on behalf of Defendant and Appellant.

Kamala D. Harris and Xavier Becerra, Attorneys General, Gerald A. Engler, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Jaime L. Fuster, Joseph P. Lee, Peggy Z. Huang, James William Bilderback II and Blythe J. Leszkay, Deputy Attorneys General, for Plaintiff and Respondent.

Opinion of the Court by Cantil-Sakauye, C.J.

Defendant Joshua Martin Miracle pleaded guilty to the first degree murder of Elias Raymond Silva ( Pen. Code, §§ 187, subd. (a), 189 ; further undesignated statutory references are to the Penal Code), and to assault with a deadly weapon, a knife, on Jaime Alfaro Lopez (§ 245, subd. (a)(1) ). He admitted two special circumstances: that he intentionally killed Silva by means of lying in wait (§ 190.2, subd. (a)(15) ), and that he intentionally killed Silva while defendant was an active participant in a criminal street gang and the murder was carried out to further the activities of the gang (§ 190.2, subd. (a)(22) ). In connection with the murder of Silva, he admitted the allegations that he personally used a deadly or dangerous weapon, a knife, (§ 12202, subd. (b)(1) ), and that the murder was committed for the benefit of, at the direction of, or in association with a criminal street gang, with the specific intent to promote, further, and assist in criminal conduct by gang members (§ 186.22, subd. (b)(1) ). In connection with the assault on Lopez, he admitted the allegations that he personally used a deadly or dangerous weapon, a knife, (§ 12202, subd. (b)(1) ), and that he personally inflicted great bodily injury (§ 12202.7, subd. (a) ). At the penalty trial, the jury returned a verdict of death. This appeal is automatic. ( Cal. Const., art. VI, § 11 ; § 1239, subd. (b).) We affirm the judgment.

I. STATEMENT OF FACTS

A. Evidence of the Charged Crimes

1. Murder of Elias Silva

Because defendant pleaded guilty to the charges and allegations, evidence related to the crimes was submitted at the penalty phase to establish the circumstances of the crimes. (§ 190.3, subd. (a).)

Elias Silva was killed on Saturday night or Sunday morning (October 2 or 3, 2004) in Robert Galindo’s apartment. Galindo agreed to testify pursuant to an agreement that he plead guilty to voluntary manslaughter in connection with the death of Silva. As described below, defendant and Robert Ibarra spent several days in Galindo’s apartment, coerced and threatened Galindo to lure Silva to the apartment, and then stabbed Silva 48 times.

Galindo and Ibarra had been friends for about three years, and in the days before Silva was killed, they consumed methamphetamine together in Galindo’s apartment. Galindo was also friends with Danny Ramirez, who had arranged with Galindo to come to Galindo’s apartment on Thursday night, September 30, to give Silva a tattoo. When Ramirez arrived at the apartment, defendant was with him. Galindo had not met defendant before that evening. Silva also came to the apartment, and he and Ramirez discussed the tattoo, but apparently agreed to do the tattoo the next day. Ramirez then asked if he and defendant could stay at Galindo’s apartment overnight.

The morning of Friday, October 1, while Galindo was showering, Silva came by the apartment and picked up Ramirez, leaving Galindo, Ibarra, and defendant in the apartment. Galindo asked defendant why he was still there, and defendant told him Ramirez would come back for him. Ibarra left the apartment Friday night, but Galindo let defendant stay, because Galindo assumed Ramirez would eventually come back to get defendant.

On either Friday or Saturday, Galindo went to see Silva, bothered by the fact that when Silva came to the apartment to discuss the tattoo, he did not say "hi" to Galindo like he usually did. When Galindo asked Silva to explain, Silva told him that defendant was no good and that Galindo should get him out of his apartment.

Saturday morning, Ibarra returned to the apartment. During the day, defendant and Ibarra spent a substantial amount of time in Galindo’s bathroom, consuming methamphetamine. Ibarra left the apartment at some point, and when he returned at around 8:30 or 9:00 p.m., the mood in the apartment changed. Ibarra was "wired," "antsy," in "a very hyper mood." Galindo inquired regarding the purpose of a duffel bag Ibarra brought back with him, and Ibarra said it was for Ibarra’s and defendant’s clothes. Galindo heard defendant talking about needing to take care of a "rat," which Galindo understood to refer to someone who was cooperating with law enforcement.

At some point, either defendant or Ibarra asked Galindo to call Silva, who sold methamphetamine, to bring drugs to the apartment. Galindo did not have a telephone, so he used Ibarra’s mobile phone. Galindo called Silva, and Silva told Galindo that he did not want to have anything to do with "them," and that Galindo should "get them out of your house." Thereafter, Ibarra told Galindo to call Silva again. Because Ibarra’s telephone had to be charged, Ibarra suggested that Galindo go to a payphone to make the call.

Galindo left, but did not call Silva. When he returned to his apartment, defendant and Ibarra were in the bathroom, apparently consuming more methamphetamine. Defendant and Ibarra asked Galindo to call Silva again. Galindo then called wrong numbers a few times on Ibarra’s telephone, and acted like he was calling Silva. Defendant and Ibarra told him to keep trying, and at some point, Galindo said he would go out to get some cigarettes and would try calling from the payphone again. When Galindo returned, Ibarra continued to urge him to call, and Galindo told him that he had left voicemail messages.

At this point, defendant was in the kitchen, taping the loose handle on a butcher knife from Galindo’s kitchen. Defendant and Ibarra continued to tell Galindo to call Silva, and Galindo responded that he had already called Silva too many times. Ibarra was becoming more persistent about calling Silva, and both defendant and Ibarra were becoming agitated with Galindo. Galindo asked, "Why are you doing this to me?" Ibarra told him to "just shut the fuck up and call him." Galindo then said he would go to the payphone and call Silva one more time, but he did not call Silva.

When Galindo returned, his furniture had been moved from the living room to the kitchen area, leaving more open space in the living room. Galindo asked why his belongings had been moved, and Ibarra told him to shut up and call Silva. Defendant then brought out the butcher knife, stood behind Galindo, put his arm around Galindo, and held the knife by Galindo’s throat or upper chest. Defendant told Galindo, "You need to call." In addition, defendant wanted to listen to Galindo’s call because he and Ibarra did not believe that Galindo was calling Silva. Yelling back and forth ensued, and Galindo was crying. Defendant told Galindo, "I don’t care what you say to him to get him over here, you just need to get him over here."

Galindo called Silva and left a message that Galindo’s cousins were in town, they wanted to party, and Silva should bring some drugs. Within a few minutes, Silva called back, and Galindo spoke to Silva while defendant continued to hold a knife to him. After confirming that his cousins were still there, Galindo told Silva to meet him in the back. Galindo had never before told Silva to meet him in the back, and he thought Silva might guess that something was amiss. When Silva called again and said he was two minutes away, defendant told Galindo not to go out, and instead to meet Silva at the apartment door. Silva called again, asked why Galindo did not come out, and said he was coming to the door.

Ibarra then stood in a position to be the first person Silva would see when the door opened. Defendant stood behind Galindo to make sure Galindo opened the door. As Silva started to enter, Ibarra pulled him inside. Defendant pushed Galindo to the side, rushed at Silva, and helped Ibarra drag him into the center of the room.

When defendant pushed Galindo to the side, defendant still had the knife in his hand. Defendant closed the door and told Galindo to lock it, but Galindo left the apartment to look for Silva’s "homeboys."

Galindo did not find them. He then went to look for his roommate Phillip, because Ibarra had said that he was going to kill anyone who came through the apartment door. About 20 or 25 minutes after leaving the apartment, Galindo headed back to the apartment, and saw a trail of blood drops and bloody footprints in the direction of the parking lot where Silva would have parked his car. Galindo returned to his apartment, and discovered broken furniture and Silva lying in blood. Galindo fled again, looking for Phillip.

Deputy Sheriff Lawrence Hess and a second deputy arrived at the apartment in response to a later 911 call. They saw a trail of blood leaving the apartment, and when they entered the apartment, they saw that furniture had been moved and tipped over, there was a "large amount of blood in the living room area," and Silva’s body was on the carpet.

Defendant and Ibarra were arrested in San Diego, driving Silva’s car. Ibarra had a puncture or stab-type wound

to his leg, and there appeared to be a fresh blood stain on the floor of the car. Photographs taken after defendant was arrested showed "ESG" tattooed on the back of defendant’s head, and a number of small tattoos on his chest.

The parties stipulated that Silva was...