People v. Shade CA3

BACKGROUND

An information charged defendant with murder (Pen. Code, § 187, subd. (a); count one)2 and alleged that, in the commission of the murder, defendant personally used a deadly or dangerous weapon (§ 12022, subd. (b)(1)). Relevant Portions of the Prosecution Case Relevant Events Preceding Larry’s Death In 2014, law enforcement responded to Larry’s house and encountered defendant, Larry, and Larry’s sister L.N. Larry had fresh abrasions on his face and forehead. He told an officer defendant punched him and the officer arrested defendant for battery. Defendant told the officer that Larry had grabbed his medication and held it behind his back, taunting him. Also in 2014, defendant was admitted to a psychiatric facility under Welfare and Institutions Code section 5150. While he was there, staff determined that they were compelled to warn Larry of threats defendant was making against him, sometimes

Undesignated section references are to the Penal Code.

2 referred to as “Tarasoff warnings.” (See Tarasoff v. Regents of University of California (1976) 17 Cal.3d 425.) Defendant had stated, “[H]e wants to violently kill his father, bash his skull in to the point when he…