People v. Penn CA3

BACKGROUND

In November 1998, defendant (then 32 years old), protected 17-year-old Jason S. from being robbed at a light rail station. As a “thank you,” Jason invited defendant to stay the night at his apartment. After staying the night, however, defendant did not leave. Jason did not complain because defendant was giving him drugs. Several days later, defendant introduced Jason to 20-year-old Damion Horton. Defendant told Jason that Horton also would be staying at Jason’s apartment; defendant did not ask Jason’s permission. While defendant and Horton were living in Jason’s apartment, Jason watched them sell drugs. Jason noted defendant “seemed to be in charge”; defendant was, as Jason described it, “running the show.” Horton did what defendant directed him to do. Jason never saw the two men argue. On December 9, 1998, Jason asked defendant to leave. Defendant became angry, he said Jason owed him money and “it wasn’t right . . . to ask him to leave.” Defendant then hit Jason “a couple [of] times,” leaving a visible injury. Horton, who witnessed the beating, did not stop it. Scared, Jason let them stay. Two days later, Jason’s mother, Elizabeth H., came to the apartment to take…