People v. Morales
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After Morales distanced himself from a gang, gang members assaulted him and stabbed him twice. Morales testified against a gang member and was placed in a witness protection program. Morales carried knives for self-defense. Outside a bus station, McMillian asked Morales for a cigarette. As he was turning away, Morales felt McMillian’s fingers pull on his backpack. According to Morales, McMillian was trying to take his cell phone and wallet. Ultimately, Morales drove his knife five and a half inches into McMillian’s torso. A video shows that McMillian’s arms were at his sides. Morales admitted that McMillian never drew a weapon and did not verbally threaten him. McMillian walked to a nearby building, dripping blood, and asked the clerk to call 911. He had Morales’ backpack. McMillian died from his injuries. Police detained Morales at the bus station. The autopsy showed that McMillian’s blood tested positive for cocaine, methadone, and a very low level of marijuana. Morales tested positive for methamphetamine and an antidepressant drug but not amphetamines. A psychologist testified that Morales had significant PTSD.
After a second trial, Morales was convicted for second-degree murder and was sentenced to 16 years to life in prison. The court of appeal affirmed, rejecting arguments that the evidence was insufficient to support the conviction and that the trial court erred by improperly instructing the jury on self-defense and imperfect self-defense and denying an instruction on voluntary intoxication.
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