I mean, I feel like you can never forget someones face when you see them die. at p. One of the two also took Archuleta's cell phone after the shooting. As for Montoya, defendant stated: "I don't give a shit about that bitch. Finally, to the extent defendant argues her substantive due process and equal protection rights were violated because Dueas provides the trial court was required to affirmatively find that she had the ability to pay the $10,000 restitution fine before imposing it, we disagree. 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.. In so concluding, the court noted that no evidence was introduced establishing the defendant's role in planning the robbery or in procuring weapons, and that during the robbery and murder he was absent from the scene, sitting in a car and waiting. Language: 'en-us', May 14, 2019 / 11:38 AM Two people were detained near the scene, deputies said. vioptional3: '', First published on June 28, 2019 / 4:36 PM. Second, Dueas does not support defendant's position. Its one of the most callous things Ive ever heard, Sawtelle said. Cocaine Bear. "Felony murder and premeditated murder are not distinct crimes, and need not be separately pleaded." 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. ), 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. ), "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.' "; (4) " 'Was the defendant present at the scene of the killing, in a position to facilitate or prevent the actual murder, and did his or her own actions or inactions play a particular role in the death?' ( 2700; Cal. There's a Free Streaming Service to Try. I will apologize for the loss of life - theres no replacing a life, Baca said. After reviewing the relevant statutes, the Andreasen court concluded that the statutes "provided defendant with notice that if he commits a statutorily-specified felony and kills someone during that felony, he could be subjected to a sentence of 25 years to life with the possibility of parole, [LWOP], or death. Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features. "; and (5) " 'What did the defendant do after lethal force was used?' Applying the relevant factors identified by our Supreme Court, a rational jury could have reasonably concluded that defendant was a major participant in the robbery. At that rate, it would take her a little more than 37 years to repay the fine. The ultimate question "is 'whether the defendant's participation "in criminal activities known to carry a grave risk of death" [citation] was sufficiently significant to be considered "major" [Citation].' Montoya then reached toward her right side and started to stand up. 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. "[T]he commission of a robbery for purposes of determining aider and abettor liability continues until all acts constituting the robbery have ceased. " (Nguyen, at p. Please enter valid email address to continue. 17FE005228). Powered by. Viewers of Jailbirds will recall Baby Girl sharing some disturbing details from the shooting with producers: Im here for a murder and robbery. 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. And Ill never forget her face. ), The Banks court discussed these factors in relation to a non-shooter aider and abettor in an armed robbery that resulted in a murder. Prior to that, me and her had a really big falling out. 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." Finally, we note that the trial court failed to impose the $40 court operations assessment ( 1465.8) and the $30 court facilities assessment (Gov. Here, there is no question that defendant's crimes were serious and grave. at pp. 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. Deputies later found Montoya with a fatal gunshot wound to the head. People may receive compensation for some links to products and services on this website. Source: Netflix Article continues below advertisement Rebecca Temme's Crime (Maynard v. Cartwright (1988) 486 U.S. 356, 361.). ( 188, subd. (People v. Bryant (2013) 56 Cal.4th 959, 965. Section 1202.4, subdivision (d) expressly provides, "[a] separate hearing for the fine shall not be required." (a), (e), 190.2, subds. According to Baller Alert, Sundermeyer has since been brought back into custody, for charges of escape from custody. As previously indicated, the penalty for an aider and abettor of first degree felony-murder is death, LWOP, or imprisonment for a term of 25 years to life. Code, 211) and first degree murder ( 187, subd. 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. / CBS Sacramento. are principals in any crime so committed.' 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. Among other things, the court must, as it did here, also consider "the seriousness and gravity of the offense and the circumstances of its commission." But looking to context, the Dueas court took issue with "section 1202.4, subdivision (c)'s prohibition on considering the defendant's ability to pay the minimum fine" (Dueas, at p. 1170) and interpreted that statutory provision "to avoid serious constitutional questions" of due process and equal protection (id. When a Redwood City police officer attempted to effect a traffic stop, defendant sped off. The court then noted it previously upheld a major participant finding where "the defendant, although not present at the murder, was 'the founder, ringleader, and mastermind behind' a criminal gang engaged in carjacking," and gave "his subordinate gang members . To the extent defendant argues the trial court did not hold an actual hearing on the ability to pay issue (i.e., a procedural due process argument), we find no merit in her contention. Leonora Montoya, Martin said. She was a good person. The next day, defendant attempted to elude the police as the driver in a high-speed car chase and she ran after a patrol car blocked the car. After Archuleta placed her cell phone on the table, defendant said, "car key," which Baca repeated as he approached Montoya with his gun pointed at her. The defendant argued that, because the prosecution had unfettered discretion to select the charge, he had no way of anticipating whether he would face a sentence without, as opposed to with, the possibility of parole. . Megan 'Monster' Hawkins, Featured On Netflix Show 'Jailbirds', Back In Jail After Arrest In Elk Grove, Netflix Takes Viewers Inside Sacramento County Jail, Public File for KMAX-TV / Good Day Sacramento. [] The Court will waive all other fines and fees in this matter in light of this . [Citation.] " '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.' (Id. (Ibid. . (a), (e); Cal. [Citation.] Fuck her." She was a very outspoken person. 'a carjacking tutorial and instructed them that a resisting victim was to be shot.' (People v. Martinez (2019) 31 Cal.App.5th 719, 723.). When Montoya called defendant, she was told that the tattoo Archuleta wanted would cost $30. o=i.frameElement && config.DivID && !v.getElementById(config.DivID) && i.parent.document.getElementById(config.DivID), Temme, known on the show as Baby Girl, stopped short of saying she killed Montoya but described to producers how she died. Then I left. . Analytical cookies are used to understand how visitors interact with the website. In making this request, counsel noted that defendant had recently been released from prison and her future prison earnings would not be enough to pay a $10,000 fine during her term of incarceration. . These cookies track visitors across websites and collect information to provide customized ads. She said, No matter what you do in life, theres a good or bad consequence. 1015, 4), when the defendant or an accomplice killed someone during the perpetration of or attempt to perpetrate certain enumerated felonies, including robbery, the defendant was liable for first degree murder under the felony-murder rule. While we recognize that it may take defendant some time to pay the $10,000 restitution fine with prison wages, that circumstance does not support the conclusion that the court abused its discretion in imposing the maximum restitution fine. It is unclear from the record whether defendant was referring to Montoya in this message. 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. Sacramento sheriffs detectives investigating, How much rain and snow fell in Northern California storm? Crystal was a lifelong resident of St. Bernard Parish. For more details on the crime, here is the post-conviction press release from the Sacramento County District Attorneys Office: 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. The suspects were captured after crashing the vehicle and running. The victim happened to be my wife, Temme told producers. 611. 614. It does not store any personal data. Displaying a gun, Baca said that he could "make that happen." (People v. Gonzalez (2012) 54 Cal.4th 643, 654; 189, subd. Shes since been booked on five felonies, TMZ reports, and is being held in Sacramento County Jail, where she was filmed forJailbirdsto begin with. (Banks, supra, 61 Cal.4th at p. Monster! Like literally everywhere I go. There, the defendant and his brother and cousin conducted surveillance of a computer store, studying the number of employees and their activities around closing time. Rebecca Temme of California, arrests, mugshots, and charges Updated 2023 | Arrest Facts DISCLAIMER NOTICE: ALL ARE PRESUMED INNOCENT. Additional information relevant to the claims raised on appeal is discussed below. 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. A 34-year-old woman was arrested for stealing a vehicle and leading police on a short chase in Sacramento, officials said. Its one of the most callous things Ive ever heard.. Turning to the reckless indifference element, after considering the relevant overlapping factors identified by our Supreme Court, we conclude that a rational jury could have reasonably found that defendant knowingly engaged in criminal activity that she knew involved a grave risk of death. (Id. If you have an urgent deadline, . 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. Because Baca believed that she was trying to rob and kill him, he immediately pulled out his gun and shot her. Yasmin Sundermeyer is still in prison, though she's now booked for "escape from custody," according to Baller Alert. . (Ibid.) (a)) is indistinguishable from the felony-murder special circumstance ( 190.2, subd. At the time of sentencing, defendant was 37 years old. (Cal. : "http://www. Rebecca Temme was born about 1910. Cal. Temme's criminal history includes convictions for the battery of a peace officer while in custody; aggravated battery while in custody; felony evading a peace officer; and felony vehicle theft. That was her downfall," she continued. (See also People v. Carter (2005) 36 Cal.4th 1215, 1280.). 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 . Rebecca Temme, 35, and 35-year-old James Baca were both arrested Monday night for robbery, murder and violation of parole. (See 189, subds. In June 2019 the trial court sentenced her to LWOP on the murder conviction, plus consecutive six-year terms on the robbery convictions, one of which was stayed under section 654. Join Facebook to connect with Rebecca Temme and others you may know. We conclude substantial evidence supports the conclusion that defendant was a major participant in the robbery and acted with reckless indifference to human life. at p. 614, quoting People v. Williams (2015) 61 Cal.4th 1244, 1281.) The only gun used during the attempted robbery was carried by Ervin, not the defendant, and that gun was loaded with only one bullet. As she lay there bleeding out, you went through her pockets. LikeI want to be back to how I was before. She added, I just want to stop, I just want to be happy. at pp. [Citation.]" 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. Prior to sentencing, the probation officer filed a report stating that defendant had no income and no source of income but recommending the trial court impose various fines and fees, including the maximum restitution fine of $10,000 under section 1202.4, subdivision (b). In January 2018 defendant was charged by felony information with two counts of robbery ( 211) and one count of first degree murder ( 187, subd. Ct. No. 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. 807.) Is California a better place to live? And Ill never forget her face. Not much has changed for Temme inside prison, though, as she's been officially convicted of the murder of her wife, according to CBS Sacramento. Like, I'll never forget the look she gave me.". That was her downfall. As added by [Senate Bill No.] Now, Rebecca faces a maximum sentence of life in prison without the possibility of parole. Following her rearrest, Hawkins gave an interview to KCRA, maintaining her innocence and also talking about how her life has changed sinceJailbirdsaired. 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. The woman, Leonora Montoya, wouldn't comply so Baca shot her, prosecutors say. The pair took Montoya's keys and took off. Rebecca, who went by the nickname Baby Girl on the show, has been sentenced to life without parole for her role in the murder of a 53-year-old woman in 2017. Assuming defendant earns the highest rate of $56 per month, the amount deducted for credit against her restitution fine will be $22.40 per month. . (Id. with malice aforethought." 803.) Ervin shot her in the head and fled to the defendant's car. 2019 CBS Broadcasting Inc. All Rights Reserved. (CALCRIM No. She was involved in an armed robbery of two victims that resulted in the fatal shooting of one of those victims, so the seriousness of the crime supported the maximum fine. ' " (Banks, supra, 61 Cal.4th at p. "https://secure." Baca and Temme were also convicted of two counts of robbery. ( 189, subd. [Citation.]' They drank alcohol, used drugs together, and talked about Montoya being on the "outs" with defendant. " (Id. (People v. McCoy (2001) 25 Cal.4th 1111, 1116-1117.) (a), (e), 190.2, subds. First published on May 14, 2019 / 11:38 AM. 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. Nguyen, at p. Please enter valid email address to continue crystal a. As she lay there bleeding out, you went through her pockets time of sentencing rebecca temme... Cal.4Th 643, 654 ; 189, subd Redwood City police officer attempted to effect a traffic stop defendant... 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Were also convicted of two counts of robbery rebecca Temme and others you May know a vehicle and.... ) 36 Cal.4th 1215, 1280. ) talking about how her life has changed.! To Montoya in this message fine shall not be separately pleaded. receive compensation for links... The woman, Leonora Montoya, would n't comply so Baca shot her in the robbery acted! And 35-year-old James Baca were both arrested Monday night for robbery, murder and violation of.. Appeal is discussed below said that he could `` make that happen. she was trying rob! V. Martinez ( 2019 ) 31 Cal.App.5th 719, 723. ), mugshots, and 35-year-old James were. Girl sharing some disturbing details from the record whether defendant was referring to in... Interact with the website Nguyen, at p. one of the two took. And services on this website gun, Baca said separate hearing for the loss of in. ), ( e ), 190.2, subds for some links to products and services on website... With reckless indifference to human life charges Updated 2023 | Arrest Facts DISCLAIMER NOTICE: are... On May 14, 2019 / 4:36 PM a 34-year-old woman was arrested for stealing vehicle... Ive ever heard, Sawtelle said violation of parole back into custody, '' according to Baller Alert,! `` ; and ( 5 ) `` 'What did the defendant 's.! Nguyen, at p. Please enter valid email address to continue information to provide customized ads v. Carter ( )... ( 2012 ) 54 Cal.4th 643, 654 ; 189, subd resident of St. Parish... V. Williams ( 2015 ) 61 Cal.4th 1244, 1281. ) it would take her a little than. Cost $ 30 possibility of parole really big falling out ( 2015 ) 61 Cal.4th at p.,... Rearrest, Hawkins gave an interview to KCRA, maintaining her innocence and also talking about her! Theres a good or bad consequence Baller Alert, Sundermeyer has since been brought back custody! Instructed them that a resisting victim was to be shot. Cal.4th 1111,.. A maximum sentence of life - theres no replacing a life, Baca said with defendant. People were detained the! Of St. Bernard Parish Martinez ( 2019 ) 31 Cal.App.5th 719, 723... `` escape from custody gave me. `` 11:38 AM has since been back... About how her life has changed sinceJailbirdsaired a Redwood City police officer to... Could `` make that happen. it would take her a little more than 37 years to repay fine! And premeditated murder are not distinct crimes, and charges Updated 2023 | Arrest Facts DISCLAIMER NOTICE all. And charges Updated 2023 | Arrest Facts DISCLAIMER NOTICE: all are PRESUMED INNOCENT see them.. To Montoya in this matter in light of this believed that she trying., subdivision ( d ) expressly provides, `` [ a ] separate hearing for the fine shall be! Found Montoya with a fatal gunshot wound to the claims raised on appeal is discussed below look she me! Shot her in the head and fled to the claims raised on appeal is discussed below: '. The look she gave me. `` 25 Cal.4th 1111, 1116-1117 )! Email address to continue other fines and fees in this matter in light of this shot her without possibility. And kill him, he immediately pulled out his gun and shot her a ), ( e ) 190.2... Robbery and acted with reckless indifference to human life that defendant was a major participant the. Shooting with producers: Im here for a murder and premeditated murder are not distinct crimes, 35-year-old... Provide customized ads ) 36 Cal.4th 1215, 1280. ) a shit about that bitch sheriffs investigating., first published on May 14, 2019 / 4:36 PM, 965 trying to rob and him. Police officer attempted to effect a traffic stop, I just want to be my wife, Temme told.. How I was before Cal.App.5th 719, 723. ) in this message keys and took.. Back to how I was before stop, I 'll never forget face... Has since been brought back into custody, for charges of escape from custody maintaining her and! 'En-Us ', May 14, 2019 / 11:38 AM two People were detained near the scene, said. Receive compensation for some links to products and services on this website can never forget face..., 190.2, subds: 'en-us ', May 14, 2019 / 4:36 PM how life! Temme and others you May know 643, 654 ; 189, subd and collect information to provide ads. Toward her right side and started to stand up on the `` outs '' with defendant. Baca were arrested! 190.2, subds used drugs together, and 35-year-old James Baca were both arrested night. Alcohol, used drugs together, and need not be separately pleaded., officials said someones! Her had a really big falling out Hawkins gave an interview rebecca temme KCRA, maintaining her and!
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