In re Gray CA6

I. FACTUAL AND PROCEDURAL BACKGROUND

A. The life crime The probation report summarized the commitment offense as follows: “On June 29, 1985, at approximately 8:00 p.m., the defendant shot and killed his girlfriend, Michelle ‘Mickie’ Martino and seriously wounded his 13-year-old son, Matthew Gray, as well as close friends Shawna Shannon and Clifford Sartor. The shooting occurred at the Gray-Martino property at 5783 Sierra Road, San Jose, where the defendant and the victim resided. “The defendant and his neighbor, Clifford Sartor, had worked through the day, and the families, with the defendant’s son and Shawna Shannon and her fiancé Ara Call, planned a barbecue dinner that evening. Beer and margaritas were served through the day, and as everyone gathered for the evening, an argument between the defendant and victim Martino occurred over whether or not 13-year-old Matthew Gray should be allowed to drive Ms. Martino’s father’s jeep to go target shooting. Ms. Martino refused permission, and the argument escalated to a mutually physical confrontation. The defendant pushed Ms. Martino and she bit him. Shortly thereafter, she told him to pack his bags and leave. He then left the…