People v. Smithson CA3
Opinion
Opinion
FACTS AND HISTORY OF THE PROCEEDINGS
A. The People’s case
1. Percipient witness testimony
Defendant and the victim, Keela Cole, shared an “off and on” romantic relationship. They lived together in a ground floor apartment at the end of an apartment building. (Because Keela’s sister, Tyra Cole, testified at trial, we refer to the siblings by their first names.) Late on July 19, 2021, Shayla Taylor, LeAndrew Smith, and Antoinette Damphier arrived at Keela’s and defendant’s apartment. Each were friends with both defendant and Keela. Taylor’s relationship with defendant had included sex on one or two occasions. Smith at the time was sleeping with both Taylor and Damphier. Smith drove the trio to the apartment in a BMW SUV. Taylor’s orange Kia Rio was already parked in front of the apartment building. Taylor had earlier let defendant drive her car there. The three knocked on the door, and Keela opened it. Her left eye was black. Smith had seen her black eye the day before when she came by his house. The three went inside the apartment with Keela and they talked, ate food, drank alcohol, and used methamphetamine.
a. Shayla Taylor