People v. McCoy CA3

FACTS AND PROCEEDINGS

Murder of Phi Vong Walter Mims testified under a grant of immunity for the prosecution at defendant’s trial. At trial, Mims and a number of other witnesses testified and introduced additional evidence as follows: In the afternoon of December 16, 2013, Mims called Samuel Hall about buying marijuana. Jimmy Watkins had called Mims earlier that day about a buyer for 10 pounds of marijuana. Hall told Mims he could get marijuana for the deal. Mims called Watkins and said he had found a supplier for Watkins’ buyer. Hall, in turn, called David Groomes, who said he could supply that quantity and called Phi Vong to do so. Hall texted Mims to let him know that he had found a seller (Vong). Groomes and his wife picked up Vong and took him to Hall’s house. Vong brought a box of marijuana into Hall’s garage, where they stood waiting for the buyer. Around 3:00 p.m., the buyer, referred by Watkins to Mims and whom Mims identified at trial as defendant, called Mims to set up the exchange. Defendant texted Mims around 4:00 p.m., and Mims met defendant at a fast food restaurant in Stockton. Mims got in defendant’s car and showed him some samples of the marijuana. Mims told…