People v. Thurwachter CA2/8

Filed 2/24/15 P. v. Thurwachter CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION EIGHT

THE PEOPLE, B254688

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA091292) v.

MARK THURWACHTER,

Defendant and Appellant.

APPEAL from the judgment of the Superior Court of Los Angeles County. James B. Pierce, Judge. Affirmed.

Valerie G. Wass, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Lance E. Winters, Assistant Attorney General, Shawn McGahey Webb and Garett A. Gorlitsky, Deputy Attorneys General, for Plaintiff and Respondent.

**********

Defendant and appellant Mark Thurwachter was convicted by jury of first degree murder. The sole issue presented is whether substantial evidence supports the jury’s finding the murder was in the first degree. We conclude the record contains substantial evidence the murder was willful, deliberate and premeditated, and therefore affirm. FACTUAL AND PROCEDURAL BACKGROUND We summarize only those facts material to the question of premeditation and deliberation. In February 2012, defendant lived in a mobile home park in Long Beach, as did the victim, Marvin Williams. Defendant and Mr. Williams had been friends, but they had a disagreement about money sometime before 2010 and were no longer on good terms. Defendant repeatedly told friends and family that Mr. Williams had stolen $5,000 from him. Patricia and Carl Young were two of the people to whom defendant regularly complained about Mr. Williams. The Youngs were a married couple who had been staying in the mobile home park for several months each year since 1996, and knew both defendant and Mr. Williams. During their visits from December 2010 through March 2011, and again in December 2011, the Youngs occupied a space next to defendant, so they would see him basically every day. They had known Mr. Williams since 1996. Mr. Williams was a handyman of sorts and had done odd jobs for the Youngs over the years. Between December 2010 and March 2011, Patricia Young heard defendant make threats or complain about Mr. Williams at least two dozen times, including saying he was “going to blow Marvin’s goddamned head off.” When the Youngs came back to the mobile home park in December 2011, defendant angrily complained and made negative comments about Mr. Williams “every day.” He told the Youngs he had taken Mr. Williams to court but that all of the witnesses “lied” and he therefore did not recover any money from Mr. Williams. By that point in time, defendant was claiming the amount Mr. Williams owed him was $25,000. Mrs. Young explained that when defendant