A loaded firearm magazine was found on Baca's person and a loaded handgun was found along the route Baca had taken while fleeing on foot. These cookies ensure basic functionalities and security features of the website, anonymously. And Ill never forget her face. 613-614.) (Id. " 'Evidence of a defendant's state of mind is almost inevitably circumstantial, but circumstantial evidence is as sufficient as direct evidence to support a conviction.' The day before the shooting, defendant and Montoya got into a "heated" argument. They'll be sentenced at the end of June. Both defendants face a maximum sentence of life in prison without the possibility of parole. 2.) With the assistance of law enforcement agencies in Redwood City, Menlo Park, and CHP the defendants were apprehended after a vehicle and foot pursuit. Please allow 21 days to receive your order. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Baca replied, "Baby, we can make that happen," and then pulled out a gun from his waistband. After watching the Netflix show 'Jailbirds' you might be wondering what happened to the women. var source = 'https://s.vi-serve.com/source.js', Challenges to statutes on grounds of vagueness that do not threaten First Amendment interests are examined in light of the facts of the case at hand, and "the statute is judged on an as-applied basis." He stayed seated at the defense table as he addressed Sawtelle a final time before he was taken away by sheriffs deputies. Carter was serving out a life sentence for attempted murder at the time of the shows filming; it was his first jail stint. 357.). She argues, among other things, that the record lacks substantial evidence showing that she was a major participant in the robbery and acted with reckless indifference to human life. "I'm here for murder and robbery," she tells the cameras in Episode 4 of Jailbirds. Join Facebook to connect with Rebecca Temme and others you may know. No evidence was presented about his awareness of the past experience or conduct of Ervin, the shooter. (Clark, supra, 63 Cal.4th at pp. Rebecca and her accomplice, James. . Temme, along with her co-defendant, James Martin Baca, were accused of murdering Temme's wife, Leonora Montoya, on March 19, 2017. Per the Sacramento County District Attorney's Office, both she and her co-defendent ("co-d" in Jailbirds jargon) were found guilty of one count of murder and two counts of robbery. Book a consultation with Rebecca Tembo for your bespoke occasion wear garment or discover our made-to-order luxury collection. Under these circumstances, the brief duration does not weigh in favor of defendant and is arguably irrelevant. There was no evidence Ervin was known to have a propensity for violence or the defendant had any knowledge of such a propensity. Given defendant's apparent efforts to minimize violence and the relative paucity of other evidence to support a finding of reckless indifference to human life, we conclude that insufficient evidence supports the robbery-murder and burglary-murder special circumstance findings, and we therefore vacate them." While on the show, Sundermeyer said she was driving up to 130 [miles per hour] while she was trying to outrun authorities. when the court can determine from the record that the verdict rested on a theory which is supported by sufficient evidence.' Detectives believe that there was prior animosity between Ms. Montoya and the two now suspected of killing her; they believe the ill will "led to the robbery and murder," according to the . As she lay there bleeding out, you went through her pockets. Dueas did not consider or interpret the statutory provision at issue here--section 1202.4, subdivision (d)--which expressly lays out various factors, including ability to pay, to be considered in setting the amount of the fine. (Maynard v. Cartwright (1988) 486 U.S. 356, 361.). Rebecca Temme was arrested on multiple charges that include possession. In addition, Baca was found guilty of a firearm offense and the jury found true firearm enhancement allegations. While on the show, Coatney said, [Me and four others] went to a house [to get weed] Coatney was in the car as the house was robbed by the people she was with, she explained. (a)(1)-(2).) Im not stupid. 489, 505 [seriousness of the crime supported maximum restitution fine where defendant was convicted of first degree murder with a robbery special circumstance]; Potts, supra, 6 Cal.5th at pp. Its one of the most callous things Ive ever heard.. The evidence also showed that defendant was in a position to facilitate or prevent Montoya's murder; she was present in the motel room when Baca pulled out a gun and demanded the women's cell phones. In March 2017 defendant was dating Baca, who was a tattoo artist and drug dealer. ' [Citations.] ' " (Banks, supra, 61 Cal.4th at p. They arrived around 8:30 p.m. All Rights Reserved. Deputies later found Montoya with a fatal gunshot wound to the head. . "Prior to that, me and her had a really big falling out. This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. Najla Noonie Jones, 27, is one of the cast members who is still serving out the same sentence she was serving out while the show was being filmed. 703 (Special Circumstances: Intent Requirement for Accomplice After June 5, 1990Felony Murder); CALCRIM No. ), In reaching this conclusion, the court explained that while the defendant knew a gun would be used, this fact alone was insufficient to establish reckless indifference. As added by [Senate Bill No.] (Ibid.) w=o?i.parent:i, Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. ( 211.) " (Clark, supra, 63 Cal.4th at p. "); The special circumstance requires that the defendant be a ' "major participant" ' in the underlying felony. He and defendant then fled to the San Francisco Bay Area in Montoya's car. Then I left. The verdict form submitted to the jury instructed the jurors, if necessary, to select the theory upon which they found defendant guilty of murder. This cookie is set by GDPR Cookie Consent plugin. 1056.) Crystal was a lifelong resident of St. Bernard Parish. Deputies later found Montoya with a fatal gunshot wound to the head. At defendant's direction, Montoya eventually drove the group to Baca's motel room at the Surf Motel in Sacramento. Immediately after Montoya left the area, defendant said, "I am going to kill that bitch." Given the popularity of the show, you might be wondering where the cast of Jailbirds are now, and whether theyre still in prison. James Martin Baca and Rebecca Irene Temme were convicted by a jury of the first-degree murder of Leonora Montoya with the special circumstance that the murder was committed during the commission of a robbery. (See 189, subds. They both received a life sentence without the possibility of parole in June. [] Among the factors which may be considered in making the determination of aiding and abetting are: presence at the scene of the crime, companionship, and conduct before and after the offense.' This timely appeal followed. Teeme brightly greeted a female sheriffs bailiff as she sat to await her fate. During season one, Temme received approval to be released into the general prison population. (People v. Banks (2015) 61 Cal.4th 788, 798, 802 (Banks).) Get details on the murder charge against Jailbirds New Orleans inmate Julie Raffray after she sold heroin to an FBI informant who later died of an overdose. Fuck her." Such a factor does not, in itself, necessarily preclude a finding of reckless indifference to human life. (Banks, supra, 61 Cal.4th at p. While there was no evidence that defendant supplied Baca with the gun used to shoot Montoya, the evidence showed that she knew Baca carried a gun and was willing to kill Montoya, as he had recently displayed a gun and assured her that he would kill Montoya if she wanted him to do so. (People v. Gomez (2008) 43 Cal.4th 249, 255.) (People v. Nakahara (2003) 30 Cal.4th 705, 712.). According to TMZ, Hawkins was arrested in Elk Grove County, California on May 17, after she was caught allegely trying to open a bank account using an ID with someone elses name on it. : "http://www. at p. 614, quoting People v. Williams (2015) 61 Cal.4th 1244, 1281.) During their exchange of messages, Baca told Montoya that he "sell[s] drugs [and] shoot[s] people.". NOT TO BE PUBLISHED 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). At Baca's direction, defendant drove to the San Francisco Bay Area. Displaying a gun, Baca said that he could "make that happen." Her sentence will be determined on June 28. After Montoya dropped Ikon off at a nearby convenience store, she drove to a different gas station and picked up defendant and Baca. Defendant always carried a loaded gun for protection. I cant really discuss it because Im still fighting it. Others are still serving out their sentences, and two women have since been arrested for new sets of charges. "[I]f the circumstances reasonably justify the jury's findings, the judgment may not be reversed simply because the circumstances might also reasonably be reconciled with a contrary finding." From this evidence, a reasonable inference arises that defendant was in on a plan to rob Montoya and Archuleta in an armed ambush that would involve physical violence. Haslams sentence was six months in total. Im a soldier, straight up., Montoyas daughter, Julia Martin, reading from notes, remembered a woman who was a mother and a friend, a loving person who had the largest heart; a woman who was fascinated with ghosts and the paranormal, and who may not have been perfect, but loved her family fiercely.. (f).). First, we may infer from the court's statement regarding defendant's ability to work that the court found she was able to pay the fine. (f). (People v. Potts (2019) 6 Cal.5th 1012, 1055-1057 (Potts).) The case status is Pending - Other Pending. / CBS Sacramento. Regs., tit. 621-622), and concluded: "Defendant's culpability for [the victim's] murder resides in his role as planner and organizer, or as the one who set the crime in motion, rather than in his actions on the ground in the immediate events leading up to her murder. Finally, there was evidence that defendant attempted to evade police officers the following day while driving with Baca and then on foot, and that defendant told Clark during a jail visit that Archuleta was only alive because she had told Baca not to harm her. Two people were detained near the scene, deputies said. During season one, Temme received approval to be released. At Baca's direction, defendant drove to the San Francisco Bay Area. "The victim happened to be my wife," she adds. 15, 3097, subd. She participated in the execution of a friend an intimate friend that she had an intimate relationship with, he added. Montoya refused to hand over the keys and Baca shot her dead. notice: mugshots.com is a news organization. ), We agree with the reasoning of Andreasen and reject defendant's constitutional challenge. You can contact Asa via Twitter, Facebook, or email at starcasmtips(at)yahoo.com A review of security camera footage revealed that defendant, Baca, Montoya, and Archuleta arrived at the Surf Motel in Montoya's car at 9:07 p.m. on the evening of the shooting. Exclusive interview with Netflix (JailBirds) very own "Dolla"Jail Bird shirts coming soon ! ), We also reject defendant's alternative contention that the trial court abused its discretion in imposing the maximum restitution fine because there was no substantial evidence that she could pay this fine during her term of incarceration. Defendant also implied that she could have prevented Montoya's death but decided not to. She was a good person. /s/_________Hoch, J. 615. At one point, Archuleta mentioned that she wanted a tattoo. The victim happened to be my wife. Megan "Monster" Hawkins Is Grateful for Her Time on 'Jailbirds', Bobby Gonzales Was Sentenced to Life in Prison When He Was Only 15 Years Old. She further contends the trial court erred in imposing the maximum restitution fine of $ 10,000. During the first episode ofJailbirds, Sundermeyer revealed that she has a child, and said, Im not a bad personI want to be a veterinarian. SACRAMENTO (CBS13) - The two accused in the 2017 killing of a woman at a Sacramento motel have been convicted of murder. He denied that the shooting occurred during a robbery of Montoya and Archuleta. She said she's looking to prove her innocence an. with malice aforethought." In March 2017, he carried a .45 caliber handgun. 2019 CBS Broadcasting Inc. All Rights Reserved. !Thanks for watching please like comm. of the shooting victim," the court found this level of culpability less than in circumstances where a defendant would not have known that help was on the way in the form of police intervention. ), "Senate Bill 1437 was enacted to 'amend the felony murder rule and the natural and probable consequences doctrine, as it relates to murder, to ensure that murder liability is not imposed on a person who is not the actual killer, did not act with the intent to kill, or was not a major participant in the underlying felony who acted with reckless indifference to human life.' config = { Its a just and proper sentence. (CALCRIM No. Ct. No. The only gun used during the attempted robbery was carried by Ervin, not the defendant, and that gun was loaded with only one bullet. Haslam and Carter also communicate via kites, letters sent through the toilet. We're first introduced to her by way of Sergeant Hernandez, who declares they've found .01 grams of heroin after doing a shakedown of her cell. Read in the abstract, this sentence appears to support defendant's position. 621. When homicide detectives responded to the scene of the shooting, Montoya was slumped over in a chair holding a closed pocketknife in her right hand. !9:16 The Movie coming soon ! Foremost, I will not apologize for surviving. Knock at the Cabin. Rebecca Temme is on Facebook. A rational trier of fact could have found her guilty of this crime beyond a reasonable doubt. Here's everything you need to know about the cast of "Jailbirds," the Netflix docu-series on female inmates in real life. 1600 [Robbery].) A Sacramento judge sentenced Rebecca Irene Temme and James Martin Baca to life in prison Friday for the execution-style killing of Temme's wife at a Arden Arcade motel in 2017. at p. at p. Martin then directly addressed Baca as she repeated her mothers name. This cookie is set by GDPR Cookie Consent plugin. " (People v. Ramirez (2019) 41 Cal.App.5th 923, 928.) In any event, as we have described, defendant counsel clearly expressed his opinion that his client was indigent and asked for a lower restitution fine and a waiver of all other fines and fees. scr.async=!0,scr.onload=function(){w.vi.run(config,void 0===v.currentScript?v.scripts[v.scripts.length-1]:v.currentScript,source)},b.appendChild(scr); 1437, to determine whether a defendant was culpable of first degree murder on an aider and abettor theory, our Supreme Court differentiated the elements required for first degree felony-murder from those required for felony-murder special circumstance. Thereafter, Archuleta gave all her money to Baca, and either defendant or Baca took her cell phone. The two suspects in the homicide, James Martin Baca, 37, and Rebecca Irene Temme, 35, of Sacramento, allegedly fled the scene by stealing Ms. Montoya's car. At that moment, Archuleta entered the room, threw $30 on the bed, and grabbed the drugs. Would love your thoughts, please comment. Powered by. (a), (e).) . On March 18, 2017, Temme and Montoya got into a heated argument in the presence of defendant and Temme's aunt, Melodie Clark. ' [Citation.]" Text_Color: '', As she lay there bleeding out, you went through her pockets. Immediately after Baca shot Montoya, defendant went through her pockets and took everything she had, including her car key. The pair took Montoya's keys and took off. (Banks, supra, 61 Cal.4th at p. At sentencing, defense counsel asked the trial court to impose a restitution fine in an amount "closer to $2,000" and to waive all other fines and fees that were waivable because defendant was indigent and would not be able to pay a fine in the amount of $10,000. That jailbirds cliffhanger left viewers in shock of how much Baby Girl's, or Rebecca Temme's, relationship with her sister had changed. The court stated: "I know that it's a huge fine, but I think it's commensurate to the crime. Alternatively, she contends the trial court abused its discretion in imposing the maximum restitution fine because there was no evidence in the record showing she could pay it. We do not reweigh evidence or reevaluate a witness's credibility.' After going into a room, Baca pulled out a gun and told the people inside to give up their cellphones. ( 2700; Cal. He further explained that he fled on foot from the pursuing officers after defendant stopped Montoya's car. And I'll never forget her face. I mean, I feel like you can never forget someone's face when you see them die. Its one of the most callous things Ive ever heard, Sawtelle said. Coatney said of the incident, I wake up every day and have to think about that, and its hardI have to constantly remind myself, if I cant forgive myself, how can anyone else forgive me?, When the first episode ofJailbirdsbegan, Gaylon Shawn Beason (who goes by Shawn) said she was looking forward to being released from prison in 90 days. " (People v. Houston (2012) 54 Cal.4th 1186, 1215. Baca testified on his own behalf at trial. Keep reading to find out. When authorities finally found her, TMZ reports, she was allegedly found with a number of credit cards that didnt belong to her. Instead, "[a]ll may be weighed in determining the ultimate question, whether the defendant's participation 'in criminal activities known to carry a grave risk of death' [citation] was sufficiently significant to be considered 'major' [citations]." Second, Dueas does not support defendant's position. Leonoras daughter, Julia Martin, was present at the sentencing. They are scheduled to be sentenced on June 28. [Citation.] Prosecutors say James Martin Baca. When a Redwood City police officer attempted to effect a traffic stop, defendant sped off. She just made some f---ed up decisions. ( 188, subd. Thus, a person who aids and abets a crime is guilty of that crime even if someone else committed some or all of the criminal acts." 15, 3041.2, subd. Monster! Like literally everywhere I go. This requires more than the foreseeable risk of death inherent in any armed crime. Mostly, because shed get a kick out of that.. A Sacramento judge sentenced Rebecca Irene Temme and James Martin Baca to life in prison Friday for the execution-style killing of Temmes wife at a Arden Arcade motel in 2017. 611. In contrast, the penalty for felony-murder aider and abettor special circumstance is death or LWOP. Join Facebook to connect with Rebecca Temme and others you may know. Defendant was in the area during the robbery, orchestrating the second wave of the burglary after Ervin secured the store, but defendant was not in the immediate area where Ervin shot [the victim]." at pp. Montoya then reached toward her right side and started to stand up. She's not admitting guilt, though. [Citation.]" we post and write thousands of news stories a year, most wanted stories, editorials (under categories - blog) and stories of exonerations. Code, 70373) for each of defendant's three convictions. . Rebecca and her accomplice, James Baca, were found guilty of robbery and first-degree murder in May. He executed her right in front of you. ALSO:Netflix Takes Viewers Inside Sacramento County Jail. ), As for the mens rea requirement of reckless indifference to human life, our Supreme Court has explained that a defendant must be " ' "subjectively aware that his or her participation in the felony involved a grave risk of death." . People may receive compensation for some links to products and services on this website. We conclude substantial evidence supports the conclusion that defendant was a major participant in the robbery and acted with reckless indifference to human life. However, the court declined to decide whether the defendant qualified as a major participant, concluding instead "the evidence was insufficient to support that he exhibited reckless indifference to human life." Rather than do so, defendant, appearing unsurprised, encouraged the robbery by demanding Montoya's car key while Baca was pointing a gun at her. Counsel was then given the opportunity to argue why the recommendation was excessive; the court considered the argument but found defendant was able-bodied and would be able to work while incarcerated. (Id. As relevant here, the People were required to prove: (1) defendant took property that was not her own; (2) the property was in the possession of another person; (3) the property was taken from the other person; (4) the property was taken against that person's will; (5) defendant used force or fear to take the property or prevent the person from resisting; and (6) when defendant used force or fear, she intended to deprive the owner of the property permanently. ( 189, subd. var sc_project=9095613; [Citation.]' "; (2) " 'What role did the defendant have in supplying or using lethal weapons?' While on the show, Temme revealed that both of her parents were 13 years old when she was born. We will modify the judgment to impose the mandatory court operations assessment and court facilities assessment the trial court failed to impose. [Citation.] Finally, we note that the trial court failed to impose the $40 court operations assessment ( 1465.8) and the $30 court facilities assessment (Gov. Beason, 36, is a self-admitted convicted armed robber who said at one point, being in jail can beeasy for me.. On Friday in separate hearings, Baca hummed to himself as he was led to the defense table. 1437 rendered the felony-murder special circumstance enhancement unconstitutionally vague as to aiders and abettors, since aider and abettor liability for felony-murder special circumstance is now identical to aider and abettor liability for the felony-murder offense. "; and (5) " 'What did the defendant do after lethal force was used?' Is California a better place to live? (Ibid. An older man and woman was running out of the house, she continued, and my male co-defendants ran out and one of them proceeded to open fire on the man in the driveway., That older man, along with two other family members, ended up being killed. (a).) But here there appears to be nothing in the plan that one can point to that elevated the risk to human life beyond those risks inherent in any armed robbery. Its a just and proper sentence, Sacramento Superior Court Judge Ernest Sawtelle said during the sentencing. Heres how to help police stop it, Tesla crashes into Girl Scout table at a Northern California Walmart; 3 people are hurt, Video shows carjacking arrest turn violent, with police firing shots in North Sacramento, Men arrested in January attack on woman, 71, in south Sacramento after her casino trip. Viewers of Jailbirds will recall Baby Girl sharing some disturbing details from the shooting with producers: Im here for a murder and robbery. At the time of sentencing, defendant was 37 years old. 'Although it is the jury's duty to acquit a defendant if it finds the circumstantial evidence susceptible of two reasonable interpretations, one of which suggests guilt and the other innocence, it is the jury, not the appellate court that must be convinced of the defendant's guilt beyond a reasonable doubt. In response, Baca said that he did not want to have sex with defendant, explaining that he did not "love her like that" and would not disrespect Montoya. Like the factors for the major participant element, no particular factor is necessary nor is any one necessarily sufficient. During the first episode, Beason received the unfortunate news of finding out her parole had been placed on hold. As soon as the door was shut, Baca pulled out a gun, pointed it in the direction of Montoya and Archuleta, and ordered them to place their cell phones on the table. at p. She participated in the execution of a friend an intimate friend that she had an intimate relationship with, Sacramento Superior Court Judge Ernest Sawtelle said from the bench. "And that's like what I'm nervous about.". To the contrary, the decision to conduct the robbery in a motel room, using a gun, tends to show that resistance and violence were anticipated. Rebecca Temme was born about 1910. Martin then directly addressed Baca as she repeated her mothers name. There's a Free Streaming Service to Try. Thereafter, defendant said that she wanted to kill Montoya. In so doing, a reviewing court 'presumes in support of the judgment the existence of every fact the trier could reasonably deduce from the evidence.'

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