People v. Probus CA4/2

BACKGROUND

In the wee hours of November 8, 2002, neighbors of Ronald Sommer (the victim)

heard gunshots coming from the direction of the victim’s residence. The following day,

the victim was found dead in his home. Investigators believed he had been shot by

someone on the front porch while he was standing inside the closed front door. A couple

of weeks after the victim’s death, defendant was in a car driven by his friend Sebastian

Jeremy Martinez, who was driving erratically. When a deputy sheriff attempted to pull

them over, Martinez led them on a high-speed chase that resulted in the arrest of both

men. Defendant was charged with being a felon in possession of ammunition.

Defendant was still in custody on the possession charges in February 2003 when

he wrote a letter to a sheriff’s deputy offering to turn over information about a murder.

The ensuing investigation revealed evidence of defendant’s close friendship with

Martinez and their plan to go to the victim’s house to smack him around a little and take

his money. When the two men left the home of defendant’s girlfriend to carry out their

plan, defendant was armed with a 20-gauge shotgun, and Martinez had a…