People v. James CA3

FACTS

Kelly McClurg lived on rural property in Wilton, where he grew marijuana both inside and outside the house. He kept the front gate to the property locked. McClurg had been in a dispute with defendant and Marissa. McClurg thought they had stolen marijuana from him and had ordered them to stay off his property. On the night of October 27, 2012, Marissa’s father Danny, her brother Justin, and defendant went to McClurg’s. Defendant hid out of sight in the rear of the car, or the trunk, so McClurg would not see him. McClurg unlocked the gate and let them on the property. Danny, Justin, and McClurg went inside and talked and drank beer. Danny announced he was going to get cigarettes from the car and left the house. A few minutes later, Danny kicked in the door, walked up to McClurg and shot him in the head, shooting him twice. Defendant ran into McClurg’s house and came out carrying a blanket full of marijuana plants and jars. The three men left, breaking through the locked gate on their way out.

Further undesignated statutory references are to the Penal Code. 3 Danny was tried before a separate jury and found guilty of second degree murder with an enhancement for personal…