People v. Lewis CA3

BACKGROUND

Early on the morning of October 22, 2008, federal prison worker Michael Rutledge was found face-down near his driveway, his wallet missing. The door of his truck was open. He had been shot in the head while kneeling or lying on the ground. Rutledge died from the gunshot wound. Rutledge normally left for work by 5:00 a.m. A neighbor testified that she heard a gunshot at 4:21 a.m. The neighbor’s husband also heard the gunshot but estimated the time at 4:25 to 4:35 a.m.; neither reported it because they often heard gunshots in Stockton. A 9-1-1 call eventually was placed by someone collecting recyclables nearby. Paramedics arrived at 6:50 a.m. and awakened the victim’s family. The victim’s wife testified that her husband carried no cash but he did carry a debit card and he kept the pin number for the card on a slip of paper inside his wallet. Before 5:20 a.m., the victim’s debit card was used to make two cash withdrawals of $180 each. A third successive attempt to use the card was denied because of the card’s daily cash withdrawal limit. A few minutes later, at a truck stop, another attempt to withdraw cash was denied, but a $60 gas purchase went through. Subsequent…