People v. Sierra CA3

BACKGROUND

C.S.’s mother helped raise defendant and his siblings, including defendant’s brother, Tommy. From about 1998 until 2008, Tommy and C.S. lived together in a home owned by C.S.’s parents. For a period of time in early 2009, defendant lived in the same home with C.S. and C.S.’s girlfriend, S.M. During defendant’s stay with C.S., C.S. had the ability to unlock a gun safe in the home that belonged to C.S.’s father. During the same period, C.S. gave defendant a folding Smith & Wesson knife with the blade marked “SWAT.” Some time before March 2009, Tommy shot C.S. in the stomach and arm. C.S. told police about the shooting. In March 2009, C.S. had surgery to address complications resulting from the gunshot wound. C.S.’s mother told defendant about the surgery. On the evening of March 24, 2009, C.S. and S.M. were at home. Their friend, Scott, was also there, watching television. C.S. was playing guitar and S.M. was cooking. At around dusk, without knocking, defendant and a man he introduced only as “Bear” unexpectedly entered the home. Defendant stumbled and fell as he entered and S.M. noticed he smelled of alcohol. Defendant and Bear stayed for a period of time C.S. estimated…