People v. Keen CA4/2

FACTS

Defendant was a trustee jail inmate, housed on the bottom tier, on July 11, 2012

and the victim was an inmate housed on the top tier. As a trustee, defendant wore a white

t-shirt on July 11, while all the non-trustee inmates wore orange tops. Defendant’s duties

as a trustee included preparing lunches for the inmates housed on the top tier, then, after

they had returned to their cells following lunch, preparing lunches for the inmates on the

bottom tier. After lunch, the top tier inmates began returning to their cells and defendant,

wearing his white t-shirt, ascended the staircase up to the top tier with a group of 8-10 top

tier inmates, which was unusual because trustees are not supposed to go up and down the

All further statutory references are to the Penal Code unless otherwise indicated.

2 stairs at mealtimes and defendant was supposed to be downstairs preparing the lunches

for the bottom tier inmates. The former codefendant was amongst those 8-10 top tier

inmates. Both correctional officers who were guarding the area looked away for about

seconds, and when they looked back, one saw the group of inmates scampering around on

the top tier and the…