People v. Dyer CA1/4

BACKGROUND

I. Factual History

Belinda testified that around 9 p.m. on November 8, 1980, Dyer, Belinda, Floyd, Nora Fluker, Michael Jackson (Dyer’s brother), and Cleveland Ario were at Belinda’s home, some of them drinking wine. When Dyer arrived, he brought cocaine with him, which he, Ario, and Belinda injected intravenously. Six children were at the home. Dyer had a .38- caliber gun and Ario a .45-caliber gun with them, but things were friendly. Warren came over at 9:30 or 10 p.m. They were talking and then around 11 p.m., Dyer, Jackson, and Ario left.

2 We refer to Belinda and her brother, Floyd Murray, by their first

names.

2 When Dyer, Jackson, and Ario returned about two hours later, they were upset from an argument. They all went upstairs and Dyer lay down across Belinda’s bed and dozed off with his gun in his hand. Warren, and then Ario and Jackson, left. Dyer woke up and asked Belinda if Jackson had taken his rings. Belinda said she did not know. Dyer thought Warren might have taken the rings and said, “Belinda, come walk down here to this project because if I see [him] I am going to kick his ass or kill him.” They got dressed, Dyer gathered the two guns, and they…