People v. Simmons CA5

FACTS

On August 24, 2011, Eric Onstatt provided Thomas Hill, one of his construction employees, a ride after work. On the way, Hill called defendant and asked if he could stay the night at his home. After the conversation, Hill stated he needed to buy a 12-pack of beer to make up for a previous fight between the two. After buying the beer, Onstatt proceeded to take Hill to defendant’s home. When Onstatt arrived, he noticed defendant and Blake standing on the porch with their arms crossed. The two did not appear happy to see Hill. Onstatt asked Hill if he was sure he wanted to be dropped off at the home, but Hill stated he would be all right. Onstatt dropped off Hill at the home sometime between 5:00 and 6:00 p.m. The following morning at approximately 6:00 or 6:30, Onstatt returned to defendant’s home to pick up Hill for work. He honked the horn and waited in his vehicle approximately 10 minutes, but Hill did not come out. Onstatt noticed defendant’s red Mazda pickup truck was not in the driveway as it had been the night before. When Hill did not come out, Onstatt left and went to work. Onstatt never saw Hill again.

1Defendantwas tried jointly with Clifton Ray Blake, who was…