People v. Williams
| Decision Date | 16 March 2023 |
| Docket Number | B315011 |
| Parties | THE PEOPLE, Plaintiff and Respondent, v. SAMUEL WILLIAMS, Defendant and Appellant. |
| Court | California Court of Appeals Court of Appeals |
NOT TO BE PUBLISHED
APPEAL from judgment of the Superior Court of Los Angeles County No KA119839, Kathleen Kennedy, Judge. Affirmed in part and reversed in part; remanded with directions.
Richard B. Lennon and David Andreasen, under appointment by the Court of Appeal, for Defendant and Appellant.
Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Noah P. Hill and Stephanie A. Miyoshi, Deputy Attorneys General, for Plaintiff and Respondent.
Samuel Williams appeals from a judgment of conviction entered after a jury found him guilty of conspiracy to commit murder and possession of a firearm by a felon with two priors. The jury found true the special allegations the offenses were committed for the benefit of a criminal street gang.
On appeal, Williams contends the trial court erred in instructing the jury on second degree murder as a part of its instructions on conspiracy to commit murder, and in failing to instruct the jury on self-defense and unanimity as to the conspiracy. Williams also argues the court erred in admitting the out-of-court statements of a codefendant who had pleaded no contest without establishing his unavailability to testify. In addition, Williams asserts the court erred in overruling his objections to the investigating detective's testimony that individuals other than Williams and his codefendants were involved in the conspiracy, and in failing to bifurcate trial on the gang allegations. Further, the cumulative errors were prejudicial.
Finally Williams contends, the People concede, and we agree, the jury's true finding on the gang enhancement allegations must be reversed under the amendments to the criminal street gang enhancement statute (Pen. Code, § 186.22)[1]made by Assembly Bill No. 333 (2021-2022 Reg. Sess.) (2021 Stats., ch. 699, § 3) (Assembly Bill 333), effective January 1, 2022. We remand to give the People an opportunity to retry the gang enhancements and to meet their burden of proof under Assembly Bill 333's new requirements. We also remand for the trial court, in sentencing Williams, to exercise its discretion under recent amendments to section 654 made by Assembly Bill No. 518 (2021-2022 Reg. Sess.) (Stats. 2021, ch. 441), effective January 1, 2022, which apply to Williams's convictions because the judgment was not final at the time the amendments took effect.
In all other respects, we affirm.
Williams, along with Milik Slayton, Tony Buckner, and Deantae Williams,[2] were charged in an information with conspiracy to commit murder. (§ 182, subd. (a)(1); count 1.) The information alleged the co-conspirators performed six overt acts in furtherance of the conspiracy: they 1) "acquired weapon(s)"; 2) "entered a car"; 3) "drove to rival gang's territory"; 4) "rode in a vehicle to rival gang's territory"; 5) "possessed weapons when enter[ing] rival gang's territory"; and 6) "shot at rival gang member(s)."
The information further charged Williams with possession of a firearm by a felon with two priors. (§ 29800, subd. (a)(1); count 4.) As to the counts against Williams, the information alleged Williams committed the offenses for the benefit of, at the direction of, or in association with a criminal street gang. (§ 186.22, subd. (b)(1)(A)-(C).) With respect to the conspiracy count, the information alleged that in the commission of the offense Williams personally used a firearm and personally and intentionally discharged a firearm (§ 12022.53, subds. (b) &(c)) and a principal personally used and intentionally discharged a firearm (id., subds. (b), (c) &(e)(1)). It was further alleged Williams suffered two prior convictions of serious or violent felonies under the three strikes law. (§§ 667, subds. (b)-(j), 1170.12.)
The information also charged Slayton and Deantae with possession of a firearm by a felon with two prior felony convictions (counts 2 &3, respectively) and charged Slayton with attempted murder (count 5) and assault with a semiautomatic firearm (count 6). The information alleged the offenses were committed for the benefit of, at the direction of, or in association with a criminal street gang. The information also charged Corey Wright and Marcus Jones with conspiracy to commit murder and four counts of attempted willful, deliberate, and premeditated murder (counts 7-11).[3]
Williams, Slayton, and Buckner were tried together.
Pomona Police Officer Francesco Sacca testified as a gang expert. In August 2018 Williams, Slayton, Buckner, and Deantae were members of the Ghost Town Crips criminal street gang (GTC) in the City of Pomona. Williams's tattoos included "GTC" on his stomach, a "G" on his left shoulder, a "T" on his right shoulder for "Ghost Town," and his gang moniker "Awacc" on his right forearm. Buckner was known as "Lil Bo," and Slayton went by "No good." Officer Sacca was familiar with the GTC gang and its rival criminal street gang, the 456 Island Piru Bloods (456). The territories of the 456 gang and GTC gang were adjacent to each other, and the gangs had been rivals for about 50 years.
The intersection of Towne and Harrison Avenues and Willie White Park were within GTC territory. The rivalry between GTC and 456 escalated in 2015 when a 456 member killed GTC member Jonathan "Cartoon" Watts. In response, GTC members Darnell Parker and Terry Smith killed Gregory Montgomery, a member of 456 who was over 50 years old. In August 2018 the relationship between GTC and 456 was "very bad."
On August 14, 2018 Wright, a member of 456 with the moniker "Lil Buddha," wrote a message on the social media website Facebook that he would film a music video that day for a song titled, "Ghost Town Killa." On August 20 Wright posted the "Ghost Town Killa" music video to a video-sharing website. The video was filmed at locations within GTC territory and features numerous 456 gang members holding up their middle fingers to symbols associated with GTC. In the video, Wright wears a shirt with a "Ghost Busters" symbol to disrespect GTC.[4] The lyrics to the song also disrespect GTC, including by threatening violence against GTC members and calling "Awacc" a "fool bitch."
In response to the filming of the Ghost Town Killa music video, members of GTC began to discuss retaliation against 456. On the morning of August 16, Williams sent a text message to someone named "Gabriel" stating, "Cuz the diccs[5] been in the set thicc and they need to die they was in the set ten deep day before yesterday I just found out." Officer Sacca explained that in this text message Williams was indicating he had learned 10 members of 456 had been in GTC territory on August 14. Minutes later Williams sent a text message to a contact called "Fam0us" stating, "Cuz the dices was in the set ten deep taking pics and some more shit niggaz gotta die period." Williams added, "On CRIP ASAP."
On August 20 at around 1:00 p.m. Deantae sent a private Facebook message to Williams with a still image taken from Wright's music video. Deantae asked whether he should call a meeting of the younger members of GTS, to which Williams replied, "ASAP." Deantae added, "Cuz call them niggas fr[o]m Vegas niggas need 3[6] set something ups," referring to how they would obtain firearms. Williams replied, "I'm on they head now," meaning he was contacting the connection in Vegas. Williams wrote that the 456 gang members who made the video would "get the boot," indicating a violent response by GTC was necessary.
Within a half hour, Deantae sent a private Facebook message to someone with the username "Sockit ToMy Pocket" stating, "Niggas need 3 have a y[o]ung nigga meeting asap ...." The recipient responded, "[L]et's link," and expressed anger about the music video. Deantae added, "Cuz we need some things [i]n da set fast," referring to GTS's need for firearms. Deantae indicated the 456 members had lots of guns. Around the same time, Deantae also sent private messages to "Pooter Willilams" stating, "Cuz da y[o]ung homies need a gun [i]n da set." The recipient agreed to procure weapons, writing, "I'm on top of it."
On the same day, Williams exchanged private messages with Ray Avalos. Williams wrote, Williams was encouraging Avalos to procure guns for GTS. A few hours later, Williams messaged Avalos that members of 456 had made a video in GTS territory and posted the video online. Williams questioned why GTS members had not prevented this from happening. Williams then wrote, "Cuz get that big shit from D3 and come on." Williams clarified, "I'm talking about that chop D3 got," using slang to mean an assault rifle or similar weapon. Williams told Avalos to "go get it" and "stop playing."
On the evening of August 20 Williams, Buckner, and several others exchanged private group messages on Facebook. After James Mayes shared a link to the music video, Williams wrote, (Capitalization omitted.) According to Sacca, Williams was asking for the others to retaliate for the disrespect or they would be out of the gang. Williams later added that he did not want to be questioned and expected the others to "'p[er]form'" for the gang.
The same evening, someone with the username "Races L0cc" sent Deantae a message with a link to the music video....
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