People v. Tate CA2/6

FACTS

Jason Cacia rented a room in a three-bedroom condo in Torrance for several months. Carol Susan Brooks (Susan) and her husband, Sean Jurgens, occupied one of the bedrooms. Susan's adult daughter, Tracie Brooks (Tracie) and her boyfriend, appellant, occupied the third bedroom. Tracie and appellant had lived there for four years. Although Cacia, who had previously worked with Susan, got along with his roommates, his interaction with them was minimal. On January 28, 2012, Jurgens, a long-haul truck driver, left on an out-of- state trip. The next day, Cacia returned to the condo at approximately 6:30 p.m., after attending his grandmother's birthday party. Everything seemed normal. Cacia had a brief conversation with Susan, who was using the computer. He did not see anyone else inside the condo. Cacia went into his bedroom, turned on the television and began working on his taxes. About 30 to 45 minutes later, Cacia heard Susan arguing with someone with a male voice. He could not identify the male voice or understand what was being said. He assumed Susan was arguing with her husband, as that frequently occurred. Cacia turned up the volume on his television and tuned out…