The new Netflix show Jailbirds is basically a real-life version of Orange Is the New Black. Three days earlier, defendant sent Baca a text message that read: "This bitch is really fucking pushing me so just know I do love you and I'm so sorry that shits been crazy tonight, but I'm beyond . There was also evidence that defendant did not seem surprised when Baca pulled out a gun and demanded Montoya's and Archuleta's cell phone, and that, following the shooting, Archuleta gave Baca all of her money, either defendant or Baca took Archuleta's cell phone, and defendant and Baca fled the scene in Montoya's car. Im not that dumb.. This snapshot of Rebecca Temme's life was captured by the 1940 U.S. Census. we post and write thousands of news stories a year, most wanted stories, editorials (under categories - blog) and stories of exonerations. (People v. Lamoureux (2019) 42 Cal.App.5th 241, 248. 15, 3097, subd. Copyright 2023 Distractify. " 'The felony-murder doctrine, whose ostensible purpose [was] to deter those engaged in felonies from killing negligently or accidentally, operate[d] to posit the existence of that crucial mental stateand thereby to render irrelevant evidence of actual malice or the lack thereofwhen the killer is engaged in a felony whose inherent danger to human life renders logical an imputation of malice on the part of all who commit it.' Crystal was a lifelong resident of St. Bernard Parish. Malice shall not be imputed to a person based solely on his or her participation in a crime.' 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. IAB_Category: 'IAB1', Temme, as well as her co-defendant, are facing a sentence of life in prison with out parole. She said she was ready to go back to school and to work for money, not to just take it.. Defendant drove and he sat in the front passenger seat. Then I left. Movies. The day before the shooting, defendant and Montoya got into a "heated" argument. The cookie is used to store the user consent for the cookies in the category "Other. Language: 'en-us', And I went on a high-speed chase because I didn't want to get caught. When Montoya called defendant, she was told that the tattoo Archuleta wanted would cost $30. 620.) The following morning, Archuleta spoke with homicide detectives from the Sacramento County Sheriff's Department about the shooting. He executed her right in front of you. The defendant also secured use of a U-Haul truck by having another person rent the truck using a false driver's license defendant helped her procure. You also have the option to opt-out of these cookies. Ervin shot her in the head and fled to the defendant's car. ), The major participant requirement means a defendant's personal involvement must be "substantial" and greater than the actions of an ordinary aider and abettor to an ordinary felony-murder. "[T]he commission of a robbery for purposes of determining aider and abettor liability continues until all acts constituting the robbery have ceased. After the teller recognized Hawkins she left the bank, and was found in a stollen car. Rebecca Temme, 36, goes by "Baby Girl" on the show, and was serving out a life sentence for murder and robbery at the time of the show. The defendant drove away, leaving Ervin to be apprehended in the parking lot by an officer who heard the gunshot while on patrol near the store. The question is "whether a defendant has ' "knowingly engag[ed] in criminal activities known to carry a grave risk of death." She's not admitting guilt, though. 15, 3040, subd. 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." At the same time, the court explained, "[b]ecause the robbery was planned for a public space and involved the prolonged detention of employees, the crime did involve the risk of interlopers, such as [the murder victim]. She argues that the record does not contain substantial evidence supporting the conclusion that she aided and abetted the robbery of Archuleta, since the evidence failed to show that she intended to rob Archuleta or did anything to facilitate the robbery of Archuleta. As she lay there bleeding out, you went through her pockets. at p. 1170). This story was originally published June 28, 2019, 5:16 PM. Your order will be handmade in London, just for you. (a).) Given the popularity of the show, you might be wondering where the cast of Jailbirds are now, and whether theyre still in prison. The incident happened back in March 2017. Monster, real name Megan Hawkins, was arrested last week for trying to open a bank account with a different identity, according to CBS. There was evidence that defendant was not surprised when Baca pulled out his gun and that she actively encouraged the robbery by demanding Montoya's car key while Baca had Montoya at gunpoint. Additional information relevant to the claims raised on appeal is discussed below. The gun Ervin used to murder the victim had been loaded with one bullet. The statutes are not vague as to notice and defendant does not argue otherwise. 730 (Special Circumstances: Murder in Commission of Felony). notice: mugshots.com is a news organization. when the court can determine from the record that the verdict rested on a theory which is supported by sufficient evidence.' In March 2017 he carried a .45 caliber handgun. at p. Baca remained unrepentant to the end. There was no evidence Ervin was known to have a propensity for violence or the defendant had any knowledge of such a propensity. Two people were detained near the scene, deputies said. Code Regs., tit. vioptional3: '', 17FE005228). Defendant argues that prosecutors have unfettered discretion to choose whether to charge a felony-murder special circumstance enhancement, and therefore the same crime can result in different penalties, depending on how the prosecutor exercises his or her discretion; these circumstances expose aiders and abettors to arbitrary enforcement of the special circumstance that can be based on impermissible factors such as race. Because we conclude that the record contains sufficient evidence from which a reasonable jury could have found defendant guilty on this theory of felony-murder liability, we need not and do not address defendant's sufficiency of the evidence contention regarding the alternative theory of liability, aiding and abetting. A Sacramento Superior Court jury convicted the pair in May of first-degree murder and robbery with special circumstances. During his testimony, Baca explained that he had been the victim of two attempted robberies during drug deals. Fuck her.". (a)) is indistinguishable from the felony-murder special circumstance ( 190.2, subd. In response, the trial court imposed the recommended maximum restitution fine, explaining that it would not reduce the amount of the fine recommended by the probation officer because it appeared defendant was able-bodied and would be able to work while incarcerated. Rebecca Temme or ' Baby Girl' has had a rough and unfortunate upbringing which made her a complex character in the show. Immediately after Montoya left the area, defendant said, "I am going to kill that bitch." Keywords: '', Join Facebook to connect with Rebecca Temme and others you may know. (a) [conviction for first degree felony-murder may result in the death penalty, LWOP, or a prison term of 25 years to life]; 190.2, subd. ( 190, subds. June 28, 2019 / 4:36 PM Montoya sat down in a chair and said, "Break yourself," which Baca understood to mean "give up what you got." Martin then directly addressed Baca as she repeated her mothers name. The Last of Us. Two people were arrested in connection with the death of a woman found shot in the head at a Sacramento-area motel, deputies said Tuesday. The statutes give notice to a defendant that if he or she aides and abets an enumerated felony (including robbery) that results in death, he or she could be subjected to a sentence of 25 years to life, LWOP, or death. After a joint trial, a jury found defendant, who was not the shooter, guilty of two counts of robbery (Pen. Baca fired the fatal shot from close range before Teeme rifled Montoyas corpse for her belongings. In response, Montoya indicated that Baca was a good tattoo artist and showed her some photographs of his work. (a), (e), 190.2, subds. Code Regs., tit. Keep reading to find out. [Citations.] Temme, known on the show as Baby Girl, stopped short of saying she killed Montoya but described to producers how she died. It does not store any personal data. But overall, the evidence was insufficient to show that the duration of the felony under these circumstances supported the conclusion that defendant exhibited a reckless indifference to human life." On Friday in separate hearings, Baca hummed to himself as he was led to the defense table. . Is California a better place to live? SACRAMENTO (CBS13) Two people convicted of killing of a woman at a Sacramento motel in 2017 have been sentenced to life in prison without parole, the Sacramento D.A. Montoya then reached toward her right side and started to stand up. (f).). [Citation.] Distractify is a registered trademark. Rebecca C Temme, age 60 View Details St. Petersburg Presumed owner of the real estate located at 2814 61st Ln N, St. Petersburg Associated persons: Matthew James Stroh, Jeffrey A Temme (727) 347-8792 View Details Rebecca Temme View Details West Sacramento 2024 Manzanita Way, West Sacramento Associated persons: Adi Maraivalu, Robert Thomas (Clark, at p. Cal. 803. Defendant's suggestion that a restitution fine is automatically invalid if a defendant is unable to pay it is without merit. (See 189, subds. Text_Color: '', (a), (e)), finding true the special circumstance allegation that the murder occurred during the commission of a robbery ( 190.2, subd. Instead, the defendant must consciously disregard a substantial and unjustifiable risk to human life. 2.) 1437, aider and abettor liability for the felony-murder offense is indistinguishable from aider and abettor liability for the felony-murder special circumstance. They are scheduled to be sentenced on June 28. As Montoya started to speak, Baca shot her in the face. [Citation.] Someone got killed and I got caught. . She was a good person. On appeal, defendant contends her murder conviction must be reversed for insufficient evidence. Baca entered the room first followed by defendant, who stood in the doorway. Baca and Temme were also convicted of two counts of robbery. 540B (Felony Murder: First Degree-Coparticipant Allegedly Committed Fatal Act); CALCRIM No. vioptional2: '', 1600.). Cocaine Bear. Immediately after Baca shot Montoya, defendant went through her pockets and took everything she had, including her car key. Here, there is no question that defendant's crimes were serious and grave. ), Here, the record makes clear that, in deciding to impose the maximum restitution fine, the trial court complied with section 1202.4 by considering defendant's inability to pay and the seriousness and gravity of her offenses. [Citation.] Baca and Temme also allegedly demanded a woman's car keys. Public File for KMAX-TV / Good Day Sacramento. Baca always carried a loaded gun for protection. (People v. Potts (2019) 6 Cal.5th 1012, 1055-1057 (Potts).) [Citation.]' 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). A rational trier of fact could have found her guilty of this crime beyond a reasonable doubt. And Ill never forget her face. At Baca's direction, defendant drove to the San Francisco Bay Area. The prosecutor may be influenced by the penalties available upon conviction, but this fact, standing alone, does not give rise to a violation of the Equal Protection or Due Process Clause. var sc_project=9095613; This cookie is set by GDPR Cookie Consent plugin. 15, 3097, subd. She said she's looking to prove her innocence an. "And that's like what I'm nervous about.". . While on the show, Sundermeyer said she was driving up to 130 [miles per hour] while she was trying to outrun authorities. I chose to commit crimes, I chose to gang bang, I chose to live a life thats different from your average citizen, so therefore I know the consequences. Around 5:10 p.m., a detective with that department spotted Montoya's car in Redwood City; defendant was driving and Baca was riding in the front passenger seat. (People v. Nguyen (2015) 61 Cal.4th 1015, 1054.) On this record, we find no abuse of discretion in the trial court's decision to impose a maximum restitution fine of $10,000, as the amount was within the statutory range and justified by the relevant statutory considerations. Again, as we have explained above, there was evidence that defendant lured Montoya and Archuleta to Baca's motel room under the pretense that Baca would give Archuleta a tattoo and sell Montoya and/or Archuleta drugs, defendant was inside the room when Baca pulled out a gun and demanded Montoya's and Archuleta's cell phone, defendant ordered Montoya to hand over her car key while Baca was pointing a gun at her, and defendant went through Montoya's pockets immediately after she was shot and took items, including her car key. [Citation.] Relying on People v. Dueas (2019) 30 Cal.App.5th 1157, defendant contends that her due process rights were violated when the trial court imposed the statutory maximum restitution fine of $10,000 without holding a hearing requiring the prosecution to prove her ability to pay this fine. . Defendant has not shown an absolute inability to ever pay the fine or that imposition of the fine was improper based on the relevant statutory factors, including the seriousness of her offenses. (a)(17), (c) & (d); see also CALCRIM No. 22. She just made some f---ed up decisions. Montoya refused to hand over the keys and Baca shot her dead. She was a very outspoken person. She is still serving out her sentence. 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. The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". 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. [] '(2) The person was not the actual killer, but, with the intent to kill, aided, abetted, counseled, commanded, induced, solicited, requested, or assisted the actual killer in the commission of murder in the first degree. , and the defendant has an opportunity to challenge the figures in the probation report at the sentencing hearing"].). Ant-Man and The Wasp: Quantumania. --------. After going into a room, Baca pulled out a gun and told the people inside to give up their cellphones. " (People v. Edwards (2013) 57 Cal.4th 658, 715. The good news, for fans looking for real time updates, is with the reality show format, life is sure to carry on for each of the inmates, from those still behind bars to those who were released with hope for a better life. 614-615), our Supreme Court has considered the following list of nonexclusive factors in determining whether a defendant acted with reckless indifference to human life: (1) a defendant's knowledge of weapons, and use and number of weapons; (2) a defendant's physical presence at the crime and opportunities to restrain the crime and/or aid the victim; (3) the duration of the felony; (4) a defendant's knowledge of the cohort's likelihood of killing; and (5) a defendant's efforts to minimize the risks of the violence during the felony. Rebecca 'Baby Girl' Temme. (a), 189, subds. After a joint trial, a jury found defendant, who was not the shooter, guilty of two counts of robbery (Pen. ( 1202.4, subd. 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. 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]." /s/_________Hoch, J. 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. [] '(3) The person was a major participant in the underlying felony and acted with reckless indifference to human life, as described in subdivision (d) of Section 190.2.' In United States v. Batchelder (1979) 442 U.S. 114, 125, the United States Supreme Court observed, "[T]here is no appreciable difference between the discretion a prosecutor exercises when deciding whether to charge under one of two statutes with different elements and the discretion he exercises when choosing one of two statutes with identical elements. " (Nguyen, at p. The cookies is used to store the user consent for the cookies in the category "Necessary". The issue is whether the defendant exhibited a willingness to kill (or to assist another in killing) to achieve a distinct aim, even if the defendant did not specifically desire for death to occur. Despite her harsh upbringing, Temme maintained that she held responsibility for her actions. Movies Tv shows Movie Trivia News Showtimes. An autopsy revealed that she died of a single gunshot to the head. " (People v. Ramirez (2019) 41 Cal.App.5th 923, 928.) They were apprehended shortly thereafter. Book a consultation with Rebecca Tembo for your bespoke occasion wear garment or discover our made-to-order luxury collection. This was sufficient evidence from which a reasonable jury could have concluded that defendant was a major participant in the robberies within the meaning of section 190.2, subdivision (d). Dueas provides nothing to the contrary. (Stats. By clicking Accept, you consent to the use of ALL the cookies. Teemes detailed description of the violent scene from jail at Rio Cosumnes Correctional Center as she awaited trial marked the fourth episode of the Netflix documentary series Jailbirds. The series depicting life behind bars in Sacramento Countys jails has since been criticized as exploitative of jail inmates and has raised questions about the role Sacramento County Sheriffs Office played in allowing violence to escalate during filming inside its lockups. Leonora Montoya, Martin said. 2023 CBS Broadcasting Inc. All Rights Reserved. That was her downfall," she continued. One inmate in particular Rebecca "Baby Girl" Temme, 36 is on everyone's lips lately because of the violent crime she committed, for which she was just recently found guilty. 1437, subdivision (e) of section 189 reads: 'A participant in the perpetration or attempted perpetration of a felony listed in subdivision (a) [including robbery] in which a death occurs is liable for murder only if one of the following is proven: [] '(1) The person was the actual killer. 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. 617-618 [participation in an armed robbery, alone, does not demonstrate reckless indifference to human life].) at pp. at p. 808; see also Clark, supra, 63 Cal.4th at pp. (a).) Prison wages range from $12 to $56 per month, depending on the prisoner's skill level. Later that day, Montoya drove Archuleta and her friend Ikon to a gas station to meet up with defendant and Baca. Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. I will apologize for the loss of life - theres no replacing a life, Baca said. Defendant was prosecuted for first degree murder under two theories: premeditated and deliberate murder as an aider and abettor and felony-murder as an aider and abettor of an armed robbery. 612, 623.) In the other incident, he was shot in the ankle. 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. })(document,window). Defendant's intent to take the property must have been formed before or during the time she used force or fear. (Clark, supra, 63 Cal.4th at p. "The victim happened to be my wife," she adds. To pass constitutional muster, a statute must be definite enough to provide notice about what conduct is prohibited, and to provide standards for its application and adjudication to avoid arbitrary and discriminatory enforcement." 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. 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To stand up occasion wear garment or discover our made-to-order luxury collection to murder the victim to! Not to just take it gunshot to the claims raised on appeal, defendant said, `` am! P. the cookies in the category `` Other ( c ) & ( d ;... Bitch. a.45 caliber handgun prison wages range from $ 12 to $ per. She killed Montoya but described to producers how she died a.45 caliber handgun in a crime. (,. Relevant ads and marketing campaigns victim happened to be sentenced on June 28 alone, not! This cookie is used to store the user consent for the cookies is used to store the user for... For the felony-murder offense is indistinguishable from aider and abettor liability for the cookies life... About the shooting, defendant and Baca shot Montoya, defendant contends her murder conviction must be rebecca temme insufficient. Ramirez ( 2019 ) 41 Cal.App.5th 923, 928. ). ). )..! The show as Baby Girl, stopped short of saying she killed Montoya but described producers... And to work for money, not to just take it go back to school and to work for,... Be imputed to a gas station to meet up with defendant and Baca Montoya! Shot Montoya, defendant went through her pockets if a defendant is to...
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