People v. Powell CA6

Filed 1/7/26 P. v. Powell CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

THE PEOPLE, H052911 (Monterey County Plaintiff and Respondent, Super. Ct. No. 22CR008305)

v.

KEVIN JAMES POWELL,

Defendant and Appellant.

Defendant Kevin James Powell attacked two brothers, Lucrecio and Israel Salvador Cabrera, at a motel.1 Lucrecio was able to escape after Powell swung an axe at him, but Israel died from injuries sustained when Powell attacked him with the axe and a knife. A jury convicted Powell of first degree murder for Israel’s death, and willful, deliberate, and premeditated attempted murder for the attack on Lucrecio. Powell contends that his attempted murder conviction must be reversed because substantial evidence does not demonstrate he intended to kill Lucrecio. We disagree and will affirm.

1 For ease of reference and intending no disrespect, we will refer to the brothers by their first names.

I. FACTUAL AND PROCEDURAL BACKGROUND The prosecution charged Powell by amended information with murder (Pen. Code, § 187, subd. (a))2 and attempted willful, deliberate, and premeditated murder (§§ 664, 187, subd. (a)). The amended information alleged three enhancements on each count, including that Powell personally used a deadly and dangerous weapon (an axe) in committing the offenses. (§ 12022, subd. (b)(1).) The case was tried to a jury. The prosecution presented the following evidence: Lucrecio and Israel were staying in a motel in King City. Powell was staying in the same motel. On the evening of the charged offenses, Powell parked his car in the motel parking lot and then was captured on video walking around the motel, looking in room windows, and approaching residents who had their doors open. As Powell was doing so, Lucrecio and Israel arrived at the motel and remained outside their room talking and looking at their phones, with Lucrecio standing and Israel eventually sitting on the pavement. Powell then got into his car and drove away before returning soon thereafter, ultimately backing into a parking space directly in front of where Lucrecio and Israel were located. Powell then got out of his car, retrieved an axe from the back seat, and attacked Lucrecio and Israel. He swung the axe once at Lucrecio using two hands, striking Lucrecio in the shoulder. Lucrecio ran away as Powell swung at him a second time, missing Lucrecio. Powell then immediately struck Israel with the axe several times. Israel attempted to flee and defend himself, finally dislodging the axe from Powell. Powell then pulled out a kitchen knife and stabbed Israel repeatedly. Israel then was able to retreat. Powell retrieved his axe and other belongings and returned to his car, driving away. The prosecution introduced videos of Powell’s actions at the motel that evening, including the attack on the brothers. Lucrecio testified that Powell did not say anything,