People v. Williams CA6

I. FACTS AND PROCEDURAL BACKGROUND

A. Summary of the Offense2 On June 27, 2008, Omar Aquino went to see a movie with Fame Thomas, who was the younger sister of Kenneth Thomas and Faith Thomas.3 Fame had previously told Kenneth and Faith that Aquino “ ‘had money.’ ” Faith did not like Aquino and suggested to Kenneth that they rob Aquino. After seeing the movie, Fame and Aquino went to Aquino’s residence. Aquino’s sister, Maria Aquino-Sanchez, was there with her nine-year-old son, who was asleep. Kenneth Thomas, Faith Thomas, Victoria Thompson, Kim Pham, Michael Adams, and Williams followed Fame and Aquino from the movie theater to his residence. Thereafter, Kenneth Thomas, Faith Thomas, Adams, and Williams entered Aquino’s residence. Witnesses heard four to five gunshots and contacted police. Kenneth Thomas was seen holding a gun when he exited the residence. The police arrived and found Aquino

2 The judgment of conviction entered against Williams on July 28, 2017, is pending direct appeal in this court (case No. H045030). Upon request from Williams, we stayed the direct appeal on February 14, 2019, for the purpose of permitting the trial court to conduct proceedings pursuant to…