People v. Superior Court (Bridgette)

[1651]

Opinion

FEINERMAN, P. J.

—Defendant George Bridgette is awaiting trial on four counts of murder (Pen. Code, § 187) and one count of attempted murder (Pen. Code, §§ 664/187). In this petition for writ of mandate, the People challenge a ruling by the superior court which precludes them from seeking the death penalty. We grant the petition.

At the hearing before the respondent court, counsel stipulated that the “alleged” facts of the case were as follows:

On September 4, 1977, defendant Bridgette, Willie Thomas and James Cade entered the residence of Pamela Cade and her family around 10 a.m. Defendant, the last to enter, was armed with a shotgun; Thomas had a handgun and Cade had a knife. Defendant closed the door and pulled down the shades. Defendant, Cade and Thomas indicated that they were after “the man who had cut Elvis.”

Shortly thereafter, defendant shot Larry Evans in the leg, but the wound was not life threatening. Defendant then turned his weapon on Cristal Baxter and shot her in the back of the head, killing her. Thomas then killed Pamela Cade with a gunshot wound to the head, after which he picked up two-year-old Shawan Cade and shot and killed her. Cade then urged Thomas to “shoot the bitch,” referring to Carolyn Ferguson. Thomas shot Ferguson in the head but did not kill her. At some time during these events, Cade stabbed the already wounded Larry Evans eight times and killed him.

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Thomas and Cade were tried in 1978 and sentenced to life in prison without the possibility of parole after the jury deadlocked in the penalty phase of the trial. Defendant, having fled the state, was not tried with Thomas and Cade. Defendant was arrested in Florida in 1984.

Defendant moved the respondent court for an order pursuant to Penal Code section 1385

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to bar the People from seeking the death penalty, because both Thomas and Cade had received life in prison without the possibility of parole. The respondent court granted the motion, “for equal protection