People v. Kelly CA4/3

FACTS

I.

PROSECUTION’S EVIDENCE

A. Introduction Robert Wrate was the owner of West Coast Drum Center. On February 28, 1992, around 1:00 pm, Wrate left the store with Kim Johnson, a manufacturer’s representative, to go to lunch. Before the pair left, the store’s manager overheard Wrate tell Steve Waldon, an employee who did bookkeeping, that he was going home to get more cash to put into the bank to cover a check. Ernest Garcia was a friend of Wrate’s for years and had worked for Wrate for one month. B. The Murders of Wrate and Johnson On February 29, 1992, Wrate and Johnson were found shot to death in Wrate’s home in Orange. Their deaths were estimated to have

3 occurred on February 28, between 3:30 p.m. and 6:30 p.m. Johnson was shot twice, once in the left hip area and once in the head. Wrate was also shot twice, once in the left side of his jaw and once in the front of his jaw. Wrate had approximately $2,200 in his trousers. In the house, four .45 caliber casings were found. Police investigating the crime scene also noted the house did not show signs of ransacking. Indentations in the carpet indicated something had been removed from a closet. One of Wrate’s dogs was found…