People v. Boulware CA3

FACTS

On September 14, 2011, the body of Audie Hogue was discovered in the parking lot of an abandoned car wash on Marysville Boulevard. He had been beaten to death. He had blunt force injuries to his head, neck, and torso and sustained internal injuries including multiple rib fractures, a pancreas almost split in two, and lacerations to his small intestines. His blood-alcohol content was 0.30 percent. A mini mart’s surveillance videotape from the night before showed defendant and Dawson going back and forth between the mini mart and the car wash several times, purchasing beverages during each visit to the mini mart. The videotape also showed Hogue, who had been panhandling earlier in the day in the mini mart’s parking lot, staggering and barely able to get up off the curb, waving to someone across the street and then walking across the street to the car wash just after defendant and Dawson were seen walking towards the car wash. Hogue was never to be seen again on the videotape. Sometime between 8:30 and 9:30 a.m. the next day, the videotape showed defendant and Dawson at the mini mart, watching the officers investigate the crime scene at the car wash. The jury heard tapes of a…