People v. Thomas CA5

FACTS

As of March 24, 2014, Steven Thomas (Thomas), defendant’s brother, resided in an apartment complex on Saginaw, in Fresno.2 Defendant and the brothers’ mother lived in different apartments in the complex. Defendant drove a white Chevrolet Caprice. At trial, Thomas denied having a disagreement with defendant, in the days leading up to March 24, about a white paint transfer on Thomas’s girlfriend’s car. Thomas also denied having any disagreement with defendant about how defendant was disrespecting their

All statutory references are to the Penal Code. Unspecified references to dates in the statement of facts are to the year 2014.

2. mother, although they had had such a discussion in the past. Thomas denied getting into an altercation with defendant a day or so before March 24; they merely had “an issue.” Around 6:00 a.m. on March 24, Thomas heard a knock at his apartment door. He did not see who it was. He went outside and saw “a random person” and asked if he had knocked, but the person said no, and so Thomas went back inside. He subsequently took out his trash. Because he threw away something he needed to retrieve, he came out twice. The first time, he…