People v. Hollars CA3

I. BACKGROUND

In September 1998, defendant and codefendant Donald Engel were charged with committing multiple crimes against the victim, Matthew Black, in August 1998, including willful, deliberate, and premeditated murder (§ 187, subd. (a)—count I), robbery (§ 211—count II), first degree burglary (§ 459—count III), and conspiracies to commit murder, burglary, and robbery (§ 182, subd. (a)(1)—counts IV through VI). It was further alleged that the murder was committed during the commission of a robbery and burglary (§ 190.2, subd. (a)(17)), and that it was especially heinous, atrocious, or cruel, manifesting exceptional depravity (§ 190.2, subd. (a)(14)). At a preliminary hearing in March 1999, Zachary Shaw testified that approximately a week before Black was killed, Engel told him that he believed Black had stolen about $3,200 from him that Black used to repay a debt at the service station where he worked after he was caught skimming money from the register.2 To get the money back, Engel said he would go as far as burglary or even murder, although he would like to avoid it. Defendant was not present during this conversation. A day or two before Black was killed, Shaw spoke with…