The People v. Lockhart CA4/2

BACKGROUND

In January 2010, Scott Bail and John Jakway shared an apartment on Iowa Street

in Riverside. The two had lived together for approximately one year, but had been good

friends for seven years. On the evening of January 30, 2010, after drinking for a time,

Bail and Jakway left the apartment by bus to retrieve some belongings of Bail’s that he

had left at a sober living home. Jakway left to return to their apartment before Bail had

collected all his clothes.

Referring to Miranda v. Arizona (1966) 384 U.S. 436 [16 L.Ed.2d 694, 86 S.Ct. 1602].

2 After collecting his belongings, Bail went to the bus station to catch the bus to

return to the apartment. At the bus station, Bail met defendant who introduced himself as

“Brian.” Bail believed defendant was homeless and invited defendant to come to the

apartment where he could eat, drink and shower. Bail had brought “strays” home on

prior occasions to help people out.

Bail and defendant took the bus to the apartment Bail shared with Jakway,

upsetting Jakway. Jakway yelled and told defendant to leave several times, but Bail blew

it off and ignored Jakway. For most of the evening, Bail and defendant drank in…