People v. Marcus CA4/1

I.

FACTUAL AND PROCEDURAL BACKGROUND

In August 2012, Marcus was a tenant at an apartment complex where 78-year old

Sam Warren was a property manager. Marcus recently had been notified that his lease

was not being renewed and he was being evicted.

One morning, Warren was making his rounds in the apartment complex, using a

trash picker tool. According to Warren's testimony, Marcus came toward him quickly,

saying repeatedly "I'm going to get you," "I'm going to finish you off," "Kill, kill, kill."

Unless otherwise indicated, all further statutory references are to the Penal Code.

2 Warren backed away, but Marcus followed and caught up to Warren. When Warren told

Marcus to get away and pointed the trash picker tool at him, Marcus grabbed the tool and

swung it at Warren, hitting Warren and breaking the tool.

Marcus then stated, "I want to get you" and punched Warren in the chest with his

fist. Marcus took a second swing that hit Warren in the neck, and a third powerful swing

that hit Warren in the jaw. Warren fell to the ground, with Marcus standing over him

saying, "Now, I'm going to finish you off," "Kill, kill, kill," and preparing to…