People v. McAdory CA6

I. Statement of Facts

A. Prosecution Case On September 18, 2010, Jose Villalobos was working as a security guard at The 408 Compassion Center, a medical marijuana clinic. At around 6:30 p.m., Villalobos was preparing to take out the trash. Edgar Pacheco, who also worked as a security guard, was watching the surveillance camera and told Villalobos that a group of men was approaching. Villalobos said that he would check them out. When Villalobos went outside, defendant approached him while the three other men entered the clinic. Defendant told Villalobos, “Come on, little nigga. You are coming with me,” as he placed a gun against his ribs and directed him towards the clinic. According to Villalobos, defendant’s black AP-9 assault pistol was partially outside the front pouch of his sweatshirt. The pistol had a perforated barrel and an extended magazine, which was approximately eight inches long. After defendant and Villalobos entered the clinic, someone asked Villalobos to lie down and his hands were zip tied. Villalobos recognized one of the perpetrators as Dante Butler. Butler was holding a nine-millimeter handgun. Villalobos heard people screaming and someone asking “who was…