People v. McDermott CA2/3

BACKGROUND

I. The murder and McDermott’s conviction

In 2004, McDermott and Alcliff Daley planned to steal marijuana from Troy Lewis and Dwane Godoy. After luring the men into Daley’s apartment, Daley pointed a gun at Godoy and Lewis, and McDermott taped their hands behind their backs. Daley threatened to kill them and leave their bodies to rot in a closet. When Daley noticed that Godoy had managed to free his hands, he put the gun to Godoy’s head and again threatened to kill him. McDermott retaped Godoy’s hands and also taped his

1 All further undesignated statutory references are to the Penal Code. 2 Effective June 30, 2022, section 1170.95 was renumbered to section 1172.6, with no change in text. (Stats. 2022, ch. 58, § 10.)

2 feet. When McDermott and Daley exited the apartment, Godoy managed to free himself. But, when he tried to flee, McDermott was at the apartment’s front door. McDermott told Godoy, “ ‘You’re not going nowhere.’ ” The two men struggled, and Godoy got away. McDermott chased him, but he hid underneath a car in a neighboring yard. Lewis did not escape. His body was discovered in the apartment; he had been shot in the forehead, and his hands were bound…