Ohio without prejudice and refilled then charges and amended at finale trial
Hunt stood by a tree, approximately 47 feet from where Coder's body subsequently was found, and saw defendant walk up to Coder. He was unaware of any problems between defendant and Coder. Hunt did not know Coder and thought that defendant might know him or that the two were dealing drugs. Defendant told Hunt "hold on, wait right. A short, White male, subsequently identified as 23-year-old Perry Coder was walking on Ramsey Street. Defendant and Hunt then walked to the back of the building.
Hunt spoke with Lee and her cousin, Johnnetta Hawkins, who was with Lee. When he arrived with Hunt that evening, defendant parked on the side of the motel, at the north end of the lot, and he and Hunt got out of the car. She had seen defendant in her room earlier that day with a black handgun. *621 Gina Lee, who lived at the motel, saw defendant and Hunt arrive. There was a dirt field behind the motel, to the west. The motel was located in a high-crime area rampant with drug activities and operated as an apartment-type complex. They drove to the Desert Edge Motel in Banning. On the evening of January 4, 1994, defendant, whose nickname was "Popeye," was driving a Cadillac with his friend, Orlando Hunt, in the passenger seat. About a month after the murders, while incarcerated in Chino state prison, defendant told Harold Black, a fellow inmate, that he had shot Martin and a "white boy" at the Desert Edge Motel. The Martin murder weapon was found a week after that murder in a car driven by defendant's girlfriend and in which defendant was a passenger. The prosecution presented eyewitness testimony and forensics evidence consistent with these accounts.
About five weeks later, at the nearby Meadowbrook Apartments, defendant and Gregory Martin, a member of the Bloods street gang, argued briefly before defendant fatally shot Martin in the head. On January 4, 1994, defendant, a member of the Crips street gang, walked up to Perry Coder behind the Desert Edge Motel, in Banning, and for no apparent reason, placed his gun against Coder's head, and shot him.
OHIO WITHOUT PREJUDICE AND REFILLED THEN CHARGES AND AMENDED AT FINALE TRIAL TRIAL
The court denied defendant's motion for new trial (§ 1181) and automatic application to modify the penalty verdict (§ 190.4, subd. (a)(3)).Īfter a penalty trial, the jury returned a verdict of death. The jury also found true (1) the allegation that defendant personally used a firearm in the commission of the murders (§ 12022.5) and (2) the multiple-murder special-circumstance allegation (§ 190.2, subd. Code, § 187) of Perry Coder and Gregory Martin and two counts of possession of a firearm by a convicted felon (§ 12021.1). Danzig and Robin Derman, Deputy Attorneys General, for Plaintiff and Respondent.Ī jury found defendant Crandell McKinnon guilty of the first degree murders (Pen. Schons, Assistant Attorney General, Ivy Fitzpatrick, Douglas P. Gillette, Chief Assistant Attorney General, Gary W. Delaine Renard, Deputy State Public Defender, for Defendant and Appellant.Įdmund G. Hersek, State Public Defender, under appointment by the Supreme Court, and C.
3d 590 259 P.3d 1186 THE PEOPLE, Plaintiff and Respondent,ĬRANDELL McKINNON, Defendant and Appellant.