People v. McFadden CA2/2

FACTS

Prosecution On the night of March 12, 2013, 89-year-old Hazel Walker, her daughter, Ernestine Walker, and her son-in-law, John Zadnick, were at their home in Pasadena. John and Ernestine were watching television, while Hazel had gone to bed.2 Around 11:00, John, who is only partially sighted and relies on corrective glasses, heard a noise in the house and noticed a male intruder. Ernestine saw the intruder point a handgun at her husband. The intruder then pointed the gun at her and told her not to move. He ordered John to lie face down on the ground and Ernestine to lie on top of him. The assailant eventually told Ernestine to go to Hazel’s bedroom. In the bedroom, she saw two additional male intruders, holding Hazel at gunpoint. The first assailant wore a hood that kept slipping down, while the other two had masks on their faces.

All further statutory references are to the Penal Code unless stated otherwise. To avoid confusion, we refer to Hazel, Ernestine, and John by their first names.

2 The man who seemed to be the leader of the group looked to be around six feet one inch tall and had broad shoulders. Ernestine could see his “cold, menacing” eyes through…