People v. White CA5

FACTS

Laquisha Stevenson was a close friend of the victim Rodney Herbert, and the two lived in the same apartment complex. On the morning of June 3, 2010, Stevenson observed defendant and the victim arguing by the victim’s apartment. Approximately 15 minutes later, she saw defendant leave the apartment complex. Later that evening, she saw defendant again as he was leaving the victim’s home. Defendant had blood on his sleeves. She had a brief conversation with defendant who said. “‘I had to hurt this nigga.’” She believed he was referring to the victim. Afterwards, defendant jumped off the second floor and landed into the courtyard. In a later interview, Stevenson told the investigating officer that defendant said he had to “‘beat a nigga up’” and he had ransacked the apartment, tied up the victim, and threw him under a bed, although she did not recall at trial making these statements. Another neighbor and friend of the victim, Lucille (Lucy) Harris,2 last saw the victim on June 3, 2010, at approximately 5:00 or 5:30 in the afternoon as she was leaving to go watch a basketball game. She noted the victim was outside drinking beer with two

1All further references are to the Penal…