People v. Wallis CA3

BACKGROUND

A Sarah Martin invited Michael Brown to her apartment. Martin initially told Brown they were alone, but then a man Brown knew as Watts entered from another room. Two other men, defendant and Torreno, also entered the apartment. Torreno alleged that Brown had called him “a punk” the year before; when Brown denied any recollection of the alleged slight, Torreno began assaulting Brown. Defendant and Watts also hit Brown during the altercation. Torreno displayed a knife and demanded Brown’s wallet and phone. By that time, defendant stood by the door to prevent others from entering the apartment. Torreno returned Brown’s driver’s license and social security card and Brown left the apartment. Brown did not report the incident to the police because he hoped to retaliate and retrieve his wallet and phone himself. A short time later, as Brown was waiting outside a nearby bar, he saw defendant approach alone. When Brown confronted defendant, defendant returned Brown’s phone and took him to where he was storing the wallet. When Brown said his money ($263) better be in the wallet, defendant was surprised; defendant said he had been told there was no money in the wallet. Defendant…