People v. Pittman

96 Cal.App.5th 400

314 Cal.Rptr.3d 409

The PEOPLE, Plaintiff and Respondent,

v.James PITTMAN, Defendant and Appellant.

A161815

Court of Appeal, First District, Division 4, California.

Filed October 13, 2023

Certified for Partial Publication.^*

Mary K. McComb, State Public Defender, Jessie S. Hawk, Deputy State Public Defender, for Defendant and Appellant.

Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Jeffrey M. Laurence, Assistant Attorney General, Catherine A. Rivlin, Deputy Attorney General, Charlotte Woodfork, Deputy Attorney General, for Plaintiff and Respondent.

GOLDMAN, J.

James Pittman was sentenced to 15 years to life in prison for the second-degree murder of Joel Vigil in the early morning hours of July 4, 1993. Pittman was 21 years old at the time, and committed the crime with Charles Myers and Joshua Harvest, who were 16 and 17 years old, respectively. At a 2017 parole hearing, Pittman provided new inculpatory statements about the murder. Later, the trial court relied on Pittman's parole hearing testimony to conclude he was not entitled to relief under Penal Code section 1172.6,¹ which could have included vacatur of his conviction and resentencing. Pittman now appeals from the denial of his section 1172.6 petition.

Pittman contends that the trial court should have granted his petition for three reasons. First, he argues that it was improper for the trial court to admit and credit his parole hearing testimony, contending alternatively that parole hearings are unconstitutionally coercive, that use immunity applies to his testimony, or that the testimony was not reliable because it was adduced in that coercive setting. Second, he contends that the evidence presented at trial, along with his parole hearing testimony, was not sufficient to establish that he harbored the mental state necessary to convict him under any theory of murder that remains valid following recent legislative changes. Finally, in supplemental briefing, he argues that remand to the trial court is appropriate in light of new appellate authority that requires courts to consider how youth impacts a defendant's ability to form a sufficiently culpable mental state to support a felony murder conviction.

In the unpublished portion of this opinion, we conclude that Pittman's parole hearing testimony could be considered by the trial court and that all of the evidence, taken together, could constitute substantial evidence in support of the trial court's decision if there were no other circumstances warranting consideration. However, in the published portion of the opinion, we conclude that Pittman's youth is a relevant factor in assessing whether he formed the requisite mental state for conviction, which the trial court did not consider. Finding that the error is not harmless, we reverse and remand for further proceedings.

BACKGROUND

A. The Evidence at Pittman's 1994 Trial

1. Myers’ Testimony

At trial, the bulk of the direct evidence of the crime came from Myers’ testimony. Myers testified that he, Pittman, and Harvest were at Myers’ house at night for a party. All three were drunk.

Harvest suggested robbing a nearby store. Pittman stated he would get a gun from his house to commit the robbery; he left to get a gun, but returned without one. Myers did not think Pittman actually had a gun. When Pittman went to retrieve the gun, he saw a man, Vigil, parked in front of his house. The man was "shooting up dope with a prostitute in his truck."

Pittman regrouped with Myers and Harvest, described what he had seen, and said to them, "Let's go whip his ass," referring to Vigil. Myers assumed they "were going to fight Mr. Vigil," throw something at the truck, or chase Vigil off. Myers did not believe they were going to rob or kill Vigil, there was no plan to do so, and Pittman never said anything to that effect.

Pittman took one "chisel" from a bucket on a neighbor's porch and handed one each to Myers and Harvest. Myers testified that he thought the chisels were metal implements with one sharp cutting edge and one blunt end. Chisels in hand, Pittman, Harvest, and Myers started walking down the street toward the truck. Harvest then "t[ook] off running." As Myers rounded the corner, he observed Harvest open the door to Vigil's truck and start stabbing Vigil with the chisel.

Myers saw Harvest stab Vigil twice, then threw his chisel at the back of Vigil's truck, breaking the back window. Myers then saw Pittman, who was standing at Vigil's tailgate, throw his chisel at the back of the truck, but he did not see where it landed. Harvest was still at the open truck door. Myers saw Vigil's head "go forward" in a "little nod" approximately two seconds after Pittman threw his chisel. Myers did not hear any impact, but assumed Pittman's chisel hit Vigil in the head.

A few seconds after Pittman threw his chisel, Myers observed Harvest, alone, pull Vigil out of the truck. Vigil did not appear conscious; he was not moving. Myers did not see any attack on Vigil outside the truck. Harvest yelled for them to put Vigil in the back of Vigil's truck. Myers observed Harvest holding Vigil's upper body and Pittman holding Vigil by the shoes or ankles, attempting to lift him.

Myers entered the truck and looked for the chisels. The cab light was on, and Myers could see "puncture holes" in the front windshield.

When Myers exited the truck, Vigil's body was in the gutter, near the sidewalk at the back of the truck. Myers ran up the street and back around the corner to his truck, with Pittman following. Pittman got into Myers’ truck and drove away with Myers. Harvest drove away in Vigil's truck. A few minutes later, Myers saw Vigil's empty truck crashed on the street. As Myers and Pittman drove nearby, Harvest called to them. Pittman and Myers picked Harvest up, and all three drove back to Myers’ house.

During interviews prior to trial, Myers reported that Pittman had stomped on Vigil's head outside the truck. Myers later explained that he did not actually observe Pittman stomp on Vigil's head, but that he had "heard it from somebody." In a different interview, Myers stated that Pittman told him that he had kicked Vigil; at trial, Myers denied that Pittman told him he had done so.

2. Sergeant George Ward and Myers’ Probation Officer

After Myers testified, the prosecution called two officers who had previously interviewed Myers. The first, Sergeant George Ward, led the murder investigation. Myers reported to Ward that Pittman hit Vigil, but did not stomp or kick him.

Ward also testified that Myers stated he had not actually seen Pittman kick Vigil, but that Pittman told him he had done so, so Myers believed him. Ward testified that Myers stated it was Harvest who pulled Vigil from the truck. Myers also told Ward that Pittman did not actually assault Vigil; only Harvest did.

Myers’ probation officer testified that Myers reported to him that after Vigil was pulled from the truck, Pittman stomped on his head.

3. Pittman's Interview with Ward

Portions of Pittman's July 7, 1993 videotaped interview with Ward were played for the jury. Pittman told Ward he was drunk that night. He had said he was going to his house to get a gun, but he did not have one. When returning from his house, Pittman observed Vigil in his truck with a woman and believed Vigil was injecting heroin.

Harvest suggested they should beat up Vigil "and make him leave." Harvest then "ran over [to the truck], opened the door and started stabbing [Vigil] in the head."

When Harvest was stabbing Vigil, Pittman and Myers were by the corner. Pittman and Myers threw their spikes at the truck. Harvest was stabbing Vigil and did not stop when they threw the spikes. Pittman threw his spike, which hit a metal part of the rear window, and then hit the front windshield. Vigil's body ended up on the ground outside the truck.

Myers and Pittman ran away, then returned to get Harvest, who was dragging Vigil's body toward the curb. Pittman initially tried to help Harvest move Vigil, but he did not want to. Myers stayed by the truck. Pittman and Myers then ran away. Pittman did not hit, stomp, or stab Vigil.

Harvest jumped in Vigil's truck and drove off. Myers and Pittman drove around looking for Harvest and saw Vigil's truck "wrecked." They found Harvest and picked him up. When they arrived back at Myers’ house, Harvest had blood "[a]ll over him."

4. Sarah Potter's Testimony

Sarah Potter was 17 years old at the time she testified. She was Myers’ girlfriend at the time of Vigil's murder and was at his house that night. Just before Pittman, Harvest, and Myers left the house, Pittman stated they wanted to go get in a fight or to hurt somebody. When they returned, Potter saw Pittman washing his socks; he said he had to wash them because there was blood on them. Pittman also said he should have been a baseball player because of the way he threw the spike that killed Vigil. Pittman stated he had kicked or stomped on Vigil because "he was still alive after he was out of the truck." Pittman and Harvest laughingly demonstrated how heavy Vigil was to lift and move.

5. Tamara Culpepper's Testimony

Tamara Culpepper was 17 years old and Pittman's girlfriend at the time of Vigil's murder. Her testimony was inconsistent at times, but she confirmed she was at Myers’ house the night of Vigil's murder. Pittman was drinking along with others at the party. Pittman, Harvest, and Myers left late in the evening because Pittman needed diapers and Harvest needed more alcohol.

Culpepper testified that when Myers, Pittman, and Harvest returned, Harvest, who had blood on his hands, went into the bathroom. Harvest scrubbed "his whole body, hands, and face." Culpepper asked what had happened. Myers stated that Harvest "was beating up this guy." Pittman explained that he had thrown a rock or spike at Vigil's truck, that it had ricocheted off a metal part of the truck and hit the front windshield, and that Harvest had pulled Vigil out of the truck and hit...