People v. Smoot CA5

FACTS

On December 1, 2015, defendant, an inmate of Kern Valley State Prison, killed his cellmate, Larry Thomas Hite, in the early hours of the morning. Later that morning, Correctional Officer Joseph Harmon was conducting a security check and saw defendant standing in his cell. Officer Harmon greeted defendant and defendant told Officer Harmon he had killed Hite. Officer Harmon was unable to see Hite because a curtain had been draped to obscure the back portion of the cell. Defendant refused to remove the curtain. Officer Harmon secured defendant’s hands through the food cuff port of the cell and sounded an

3. alarm to summon other officers for assistance. The cell door was opened, and another correctional officer, Officer Ray Adair, took defendant into custody. Officer Adair escorted defendant to the rotunda area of the prison and recalled defendant saying, “That’s what he gets. That’s what he gets.” Officer Harmon and Correctional Sergeant Mark Hildebrand entered the cell and discovered Hite’s body. He was lying on his stomach and his face, neck, and chest area were in a pool of blood. His hands and feet were tied behind him. A pen was lodged in one ear and a pencil in the…