People v. Wallin

THE PEOPLE, Plaintiff and Respondent, v. JEREMY DANIEL WALLIN, Defendant and Appellant.

2d Crim. No. B225659

Super. Ct. No. 1309149

COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX

Filed: January 9, 2012

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule

(Santa Barbara County)

Jeremy Daniel Wallin appeals a judgment following conviction of first degree murder, kidnapping, and second degree robbery, with findings that he committed the murder during commission of a kidnapping or robbery (special circumstance), committed the murder as a member of a criminal street gang to further the gang's activities (special circumstance), personally and intentionally discharged a firearm causing death, committed the crimes to benefit a criminal street gang, and served a prior prison term. (Pen. Code, §§ 187, subd. (a), 189, 207, subd. (a), 211, 190.2, subds. (a)(17) & 22), 12022.53, subd. (d), 186.22, subd. (b), 667.5, subd. (b).)¹ We affirm.

FACTS AND PROCEDURAL HISTORY

This appeal concerns the 2004 execution-style killing of Jeremy Grinder, an associate member of the "Northwest" criminal street gang in Santa Maria. At trial, Northwest gang members testified that Wallin, a Northwest "shot-caller," killed Grinderin retaliation for not defending himself during his confinement at Youth Authority and for selling firearms to a rival gang. Among other things, the gang members who testified at trial received immunity from prosecution for Grinder's murder or other gang-related crimes in which they participated, as well as witness relocation funds.

Corporal Daniel Cohen, a Santa Maria police officer and gang investigator, testified that Northwest is a criminal street gang in the Evans Park area. Northwest members are involved in narcotics sales, robberies, and violent assaults, including murder. Cohen cited specific examples of Northwest members who have been convicted of murder, robbery, and assault.

Cohen testified that respect, reputation, and retaliation are important Northwest gang values. He stated that when gang members "perceive[] they're being disrespected, they have to challenge that person [who is] disrespecting them, and that's done through violence." A gang member who is perceived as weak also diminishes the reputation of the gang and he may be disciplined by a violent "beat-down." Cohen stated that an atmosphere of fear and intimidation allows a street gang to commit crimes with impunity because victims and witnesses are reluctant to cooperate with law enforcement.

During previous arrests, Wallin admitted his Northwest membership. He has tattoos reflecting membership and symbols of street gang culture, e.g., tombstones for deceased gang members. In 2002, Cohen discovered a notebook in Wallin's automobile containing writings exalting gang culture.

Jeremy Grinder, an associate member of Northwest, was also involved in criminal activities. During his confinement at the Youth Authority, Grinder reportedly did not defend himself against other inmates and thus gave Northwest "a bad name."

In August 2004, Wallin ordered Northwest member Issac Berumen to assault Grinder for "messing up." Berumen was a younger Northwest member who had committed theft and assault crimes on behalf of the gang. He stated that he feared retribution from Wallin if he did not follow his orders.

In July or August 2004, Wallin visited A. J. De La Torre, a longtime Northwest member who had been convicted of assault and theft crimes. Wallin asked DeLa Torre "to set up Jeremy Grinder so . . . he could kill him." Wallin was "upset" because he suspected that Grinder was selling firearms to a rival gang. De La Torre refused to assist Wallin, who became angry and denounced De La Torre. Wallin later ordered Northwest members to assault De La Torre, who subsequently was "jumped" at a party.

In September 2004, Berumen, Fernando Silva, and other Northwest members were involved in a gang shooting in Santa Maria. They fled to San Diego in a gray-colored Chevrolet Malibu automobile driven by Anna Chase. Within several weeks, they returned to Santa Maria to the home of Patricia Perez. Among Northwest members, Perez's home was known as a "tweaker house," a place to use methamphetamine.

In late September 2004, De La Torre warned Grinder not to frequent the Perez residence. Despite the warning, Grinder visited the home and brought methamphetamine. Silva telephoned Wallin and informed him that Grinder was present. Silva inquired if he and the others should "smash" Grinder. Wallin responded that they should wait.

Shortly thereafter, Wallin appeared at the Perez residence. He was shirtless (displaying his gang tattoos), and wore a Halloween mask. In his waistband, he carried a .38-caliber revolver that he obtained from fellow gang member Raymond Ruiz. Wallin entered the master bedroom and ordered any unacknowledged gang members to leave. Rudy Ramos and Angela Trevino-Salazar left the room; Berumen, Silva, Grinder, and Elizabeth Bagood remained. Wallin pointed the gun at Grinder and stated: "Nobody sells guns against my little homies. You messed up."

Wallin then ordered Grinder to undress and relinquish his Raiders jersey, Raiders watch, and jewelry. Wallin ordered Bagood and Silva to tie Grinder's hands and ankles and cover his mouth. Using duct tape, Bagood and Silva complied with Wallin's instructions and then placed Grinder face-down in the bathtub. Thereafter, the group continued to smoke methamphetamine, including methamphetamine taken from Grinder's sock. In the early morning, Perez returned home, but Wallin urged her to leave becausehe did not want her to see Grinder in the bathtub. Wallin and Bagood then left after ordering Berumen and Silva to guard Grinder.

At approximately 7:30 or 8:30 a.m. the following day, Wallin returned to Perez's residence. He instructed Berumen and Silva, "[G]et that fool ready. We're going to take a little ride." Berumen and Silva removed Grinder's bindings and ordered him to dress. Once dressed, they retied him and walked him to Chase's Malibu automobile. Grinder sat in the backseat with Silva. Berumen sat in the front passenger seat and Wallin drove. Berumen knew that "something bad was going to happen."

Wallin drove for approximately one hour to a rural area near New Cuyama. He turned from the highway and drove toward a large drainage pipe. Wallin ordered Grinder from the automobile, directed him to partially disrobe, and walked him toward the pipe. Grinder entered the pipe and Wallin stood outside. Berumen and Silva saw Wallin fire a .38-caliber revolver toward the pipe and then sprint back to the automobile. Wallin handed Grinder's clothing to Silva and stated: "I made that fool get on his knees and I domed him." Wallin also stated that he shot Grinder "to lead by example."

Wallin returned to Santa Maria and warned Berumen and Silva not to discuss the killing. Silva and other gang members later burned Grinder's clothing. Wallin returned the .38 caliber revolver to Ruiz and stated that the weapon was "[h]otter than hot" and that he had shot Grinder. Ruiz discarded the revolver in a trash container after unsuccessfully attempting to destroy it. Wallin gave Grinder's watch and his Raiders jersey to another gang member. Berumen, Silva, and others went to Mexico in Chase's automobile to avoid apprehension for Grinder's murder. Members of the group were arrested and imprisoned in Mexico, however, for an unrelated crime. Berumen and Silva later returned to Santa Maria.

On January 11, 2005, a local resident walking her dogs came upon Grinder's remains and alerted law enforcement. Several days later, a forensic pathologist performed an autopsy on the remains and determined that Grinder died from a gunshot wound to the back of the head. The pathologist opined that a large caliber firearm was used in the shooting.

At trial, Berumen, Silva, Ruiz, and De La Torre testified against Wallin. Berumen had pleaded nolo contendere to being an accessory to Grinder's murder. Ruiz agreed to testify against Wallin in exchange for dismissal of a second strike robbery prosecution, among other things. He pleaded guilty to being an accessory after the fact to Grinder's murder, received a grant of probation, and received witness relocation funds. De La Torre already had relocated in a witness protection program following his testimony in another prosecution. Silva received immunity from prosecution for Grinder's murder, dismissal of pending drug charges, and closure of an uncharged robbery.

Wallin presented evidence that in the summer of 2004, he was employed and worked long hours. His girlfriend testified that he did not use drugs or associate with Northwest gang members.

Patricia Perez also testified that she did not recall a time when Wallin, Grinder, Berumen, Silva, and Bagood were together in her home. She conceded that she struggled with drug addiction and did not have a good memory of events in 2004.

The jury convicted Wallin of first degree murder, kidnapping, and second degree robbery. (§§ 187, subd. (a), 189, 207, subd. (a), 211.) It also found that he committed the murder during commission of a kidnapping or robbery (special circumstance), committed the murder as a criminal street gang member to further the gang's activities (special circumstance), intentionally and personally discharged a firearm causing death, committed the crimes for the benefit of a criminal street gang, and served a prior prison term. (§§ 190.2, subds. (a)(17) & (22), 12022.53, subd. (d), 186.22, subd. (b), 667.5, subd. (b).) The trial court sentenced Wallin to a determinate term of 23 years 4 months, an indeterminate term of 75 years to life, and an indeterminate...