People v. Silliman CA3

BACKGROUND

Marcus Hume met a young woman named R.M. about a week after he was released from prison. R.M.’s mother told Hume that a man (the murder victim) had a sex tape of R.M. Hume, who later described the murder victim as a child molester, admitted that he was associated with a prison gang committed to victimizing child molesters in prison. Hume tried to persuade the murder victim to hand over the sex tape, but he failed and a fight ensued. Hume had known defendant for about a year and sometimes slept in the spare room in defendant’s apartment. Defendant, who was in the Air Force, kept several weapons in the apartment. Defendant admitted to police that he owned the murder weapon, a shotgun, and had helped Hume saw it off. Defendant also told police he knew Hume intended to use the sawed-off shotgun to kill a man. Hume denied saying he wanted to kill the victim, insisting he only wanted to beat him up. Hume’s ultimate objective was to retrieve the sex tape. On the day of the murder, R.M.’s sister, brother and two other young men gathered at defendant’s apartment. Hume asked R.M.’s brother to “have his back” in a fight. The two other young men agreed to serve as lookouts. Hume…