People v. Carrillo CA3

FACTS

There are only four players in the drama that unfolded on the night of May 24, 2011, in the homeless camp: defendant and his girlfriend, Terry Holmstrom, and the victim Timmy Swensen and his sidekick, David Ward. One of the regular inhabitants was gone that night and another slept through it. Besides their convictions for various sex crimes, Swensen, Ward, and Holmstrom had extensive criminal histories. All were subjected to vigorous cross-examination, not only to impeach them with their numerous convictions, but to expose the many inconsistencies in their first-hand accounts of what defendant did and said when lighting Swensen’s tent on fire. Ward and Holmstrom both testified that about two or three weeks before Swensen was burned, defendant held Holmstrom in a bear hug over the campfire. He had been drinking and they had been quarrelling. Her shoes melted. Otherwise she was not injured. Defendant and Holmstrom were drinking by the campfire when Swensen and Ward returned from the “Welcome Center” about 6:30 p.m. and sat down with them near the fire. Neither Swensen nor Ward drank alcohol that night. Swensen testified that he believed defendant was drunk. Ward went into his…