People v. Carnes CA3

FACTS

The facts of the crime are not disputed on appeal. People’s Case Defendant lived in a shed on Matthew Seybert’s Galt property, and worked for him, although they often argued. Defendant mentioned killing his enemies, and threatened Seybert in a barn on the property. Defendant showed Timothy Milano his AK-47 assault rifle, and said he knew how to knock people out with chloroform. On November 17, 2007, Seybert told a friend he was going to move and not take defendant, and he expected defendant to be very upset by this news. On November 22, 2007, Milano went to Seybert’s home and found “a ghost town,” with Seybert’s medications and computer equipment missing. On December 4, 2007, peace officers found a bullet hole in Seybert’s bloody bedroom. Later, they found his severed head and body parts on the property. Seybert’s body had been stabbed more than 20 times, and he was partly emasculated. Earlier, officers found Seybert’s bank statement in the shed defendant used, and later defendant made five $500 ATM withdrawals from Seybert’s account, at banks in Oregon, Washington and British Columbia. On January 26, 2008, the Royal Canadian Mounted Police (RCMP) found an AK- 47 assault…