People v. Towner CA6

I. FACTUAL AND PROCEDURAL BACKGROUND2

A. Offense and Direct Appeal In November 1998, defendant and his friend, Micah Joe Russell, met the victim and the victim’s girlfriend, Anna, in Santa Cruz. Defendant and Russell asked for a ride to a house in the Santa Cruz Mountains. They offered to let the victim and Anna stay at the house. On the drive, the victim mentioned that he had a gun, “which he wished to sell for $25.00 or trade for heroin.” Kimberley LaBore and James Dotson were at the house when the group arrived. Russell went to sleep in one of the bedrooms. LaBore woke him up at some point and asked if he would “watch her back,” explaining that things “might get messy.” Russell went back to sleep but was awakened by Anna, who said she thought that the victim was getting beaten. Russell heard sounds of people wrestling in the other bedroom. He called out, asking if things were okay. Defendant came out and assured Russell that everything was okay. Defendant said that LaBore and Dotson were wrestling. In the morning, the victim was gone. Dotson said that the victim had walked into town to try to buy heroin. Defendant later told Russell, “We killed him.” Defendant said…