People v. McShane CA4/2

STATEMENT OF FACTS

The following facts are taken verbatim from our opinion in defendant’s previous

appeal. (People v. McShane (June 14, 2019, E069547) 2019 Cal. App. LEXIS 541

[nonpub. opn.].)

A. February 6: The Altercation at the Mobile Home.

Defendant lived with his son Brian, age 17, and his daughter Kristi, age 15. His

children were home-schooled; they had a “tight-knit” group of friends who were also

home-schooled. These included Kristi’s best friend, Heather Ryan. They also included

Jerel Cobbs, Damien Saunders, and Devin Humphrey. Devin’s mobile home, near

defendant’s house, was a “gathering place” for the group.

Around January 27, 2003, defendant’s daughter ran away from home; she went to

live with a 21-year-old man whom she had met just three days earlier.

On February 6, 2003, defendant showed up at Devin’s mobile home. Six or seven

teenagers were there, including Heather, Damien, and Jerel. Defendant asked if they

knew where his daughter was; they said they did not.

All further statutory citations are to the Penal Code. According to Heather, she genuinely did not know where Kristi was. According to Kristi, however, Heather knew where she…