People v. Matthews

Opinion

FLEMING, J. Defendant Joseph Matthews was convicted in count VI of the premeditated murder of his girl friend Ernestine Easley with the special circumstance of an additional murder (Pen. Code, §§ 187, 190.2), and was convicted in other counts of the felony murder of his son, Joseph, Jr., (Pen. Code, §§ 187, 189), of the attempted murder with intentional infliction of great bodily injury of his daughter, Ernestina, (Pen. Code, §§ 187, 664, 12022.7), and of arson with intentional infliction of great bodily injury (Pen. Code, §§ 447a, 12022.7). Pursuant to the then provisions of Penal Code section 190.2, subdivision (c)(5), he was sentenced on count VI to life imprisonment without possibility of parole and was given concurrent sentences on the other counts. On appeal, he asserts the sentence of life imprisonment without possibility of parole was improper because he intended to kill only his girl friend and not his son.

Facts

Ernestine Easley resided with her mother, sisters, and two children, Ernestina and Joseph, Jr. About 5:30 p.m. on November 17, 1977, at the Easley residence defendant, the father of the two children, threatened to kill Ernestine and said he would rather see his children dead or with strangers than with her or her mother. After an argument that led to blows Ernestine left for school, from which she returned about 10 p.m. Defendant was still in the house. Shortly after midnight Ernestine’s sister, Renetta, was awakened by noises from Ernestine’s bedroom which sounded like argument. Renetta went to the locked bedroom door and asked what was wrong. She heard her sister say, “No, Joe don’t, [456]you’re going to start a fire,” and then something hit the floor. Immediately thereafter flames shot out from beneath the bedroom door. Renetta ran outside, reached through the bedroom window, and grabbed Ernestina, who was lying on the bed next to the window. Renetta then yelled for Ernestine to find Joseph, Jr. Ernestine answered he was dead. Ultimately, the neighbor broke down the locked bedroom door and pulled Ernestine from the room. Another neightbor crawled through the bedroom window and found Joseph, Jr.’s body between the beds. Ernestine subsequently died in the hospital as a result of burns suffered in the fire.

About 12:30 or 1 a.m. an off-duty security guard and his friend driving in the vicinity of the Easley residence spotted defendant, who had escaped through a window, running down the street in his undergarments and calling for help. At defendant’s request they drove him to the police station. On the way, defendant asked the men to kill him, explaining that God had sent him from Heaven to kill his family because they had treated him badly, and that he had in fact killed them in a fire. Because he had nothing to live for, he wanted to die.