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The East Bay Times
MARTINEZ — A Vallejo woman was sentenced Friday to life in prison without possibility of parole for the ambush murder of a 31-year-old Pittsburg man who family members said had devoted his life to providing for his and the woman’s 3-year-old son.
At an emotionally charged sentencing hearing, the family of Andrew Le’Mar Green confronted 37-year-old Jennell Wright — at some points with hostility — for killing Green outside his home on Feb. 23, 2010.
“If you asked me two years ago, I would be spitting venom like them,” Green’s mother, Lucinda Jackson, said of her family. “But I’m not angry anymore; I can’t be. I’m raising their child and I want him to take my example for the future.”
Green, 31, had just gotten home from his job as a County Connection bus mechanic when Wright — who had been waiting in a dark corner of the parking lot of his apartment complex in Pittsburg — ran up and shot him three times as he sat in his car.
But the second trial jury sided with prosecutor Lynn Uilkema, who contended the attack was premeditated and convicted Wright in February of first-degree murder by lying in wait. That is punishable by a mandatory life sentence.
Green’s family was well aware, before the killing, that Wright was harassing and stalking him, bitter that he was in love and planning to marry his fiancee, Natasha Griffith.
They were happy, Griffith said, and had a plan to raise Savion, Green’s son with Wright, themselves. On the day of his death, Green told his mother he was going to hire a lawyer. Wright’s erratic behavior had him scared she was going to kill Savion.
Green had always shown Wright such kindness, they said. Once, after she married another man, her car broke down on the freeway before dawn; Green picked her up and emptied his bank account to pay to get the vehicle towed and fixed. It was right around Christmas, and the payments made him unable to buy presents for his son.
“He was an outstanding man. He loved you, Jennell. It’s too bad you never really loved him, because if you did, we wouldn’t be here,” Griffith said.
Several people said the killing was especially shocking because Wright had not only Savion, but another son, now 14.
“Why would you give up your whole life? You gave up your life and you gave up your children,” said Green’s aunt, Linda Washington. “The baby (Savion) cries in his sleep. He asks for his mother.”
“He doesn’t have a mother,” someone in the audience yelled.
Wright and her family declined to speak at the sentencing. At the hearing’s close, she dabbed tears from her face and turned to her mother to mouth, “I love you.”
That’s when one of Green’s relatives shouted “Bye” at Wright. She shouted back at the victim’s father; just as the insults were escalating, bailiffs ushered the stragglers out and shut the courtroom doors.
Contact Malaika Fraley at 925-234-1684. Follow her at Twitter.com/malaikafraley.
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Casetext
People v. Wright
Date published: Dec 15, 2015
- INTRODUCTION
Following years of strife between Jennell Wright and her former boyfriend, Le’Mar Green, some of it centered around their three-year-old son, defendant drove to Green’s home, waited for him to return from work, and shot him three times [killing him]. A jury convicted defendant of first degree murder with a special circumstance finding of lying in wait.
III. STATEMENT OF FACTS
- The Crime Scene
Pelican Loop in the City of Pittsburg is a secluded community of about 100 townhouses with five parking lots. On February 23, 2010, Barbara Gee returned to her home on the Loop at about 1:00 a.m. to find the body of her next-door neighbor Natasha’s fiancé lying face down on the ground next to the driver’s door of his car. Gee called the police. At 12:50 a.m., another resident of the Loop had been awakened by the sound of gunshots. The first shot was followed by a pause, then by two more gunshots that sounded as if they came from the parking lot. Shortly thereafter she heard a car drive out of the parking lot, pass her house going pretty fast, and turn onto Railroad Avenue.
Pittsburg police officer Jerald Lombardi arrived at Pelican Loop a few minutes after 1:22 a.m. A man’s body was lying face down on the ground in the parking lot between two cars. His right hand was partially clenched into a fist. There was broken glass on the ground around the body. The car’s driver’s door was open and the driver’s door window was shattered. There was broken glass on the floorboard and front seat, and a bullet fragment on the driver’s seat. There were no signs of life. The driver’s license in a wallet in the man’s right rear pants pocket identified him as Le’Mar Green.
Approximately 10 feet from the body, behind the car, was a fully loaded speed loader containing six live rounds. Seven more live rounds were on the ground. The bullets in the speedloader were Hornady .38–caliber, Special rounds, hollow tip, as were the bullets found on the ground. No empty shell casings were found, indicating a revolver was used. No weapons or additional bullet damage to the car were found.
- The Police Investigation
The City of Pittsburg has surveillance cameras in all the major intersections that feed information to a monitoring room at the police department, where the information is recorded by computer hard drive 24 hours a day, seven days a week. Still photos from that footage of the vehicles leaving the scene at approximately 12:51 a.m. that morning.
Green’s fiancée, Natasha Griffith, was located and informed of Green’s death. Griffith told police that defendant was the mother of Green’s three-year-old son, that Green had been ordered to pay child support in November of 2009, that defendant had been asking Green for more money, and that she had been excessively phoning and texting Green.
Later, police inspectors learned defendant had been arrested for possessing a concealed loaded firearm at the Mar Ray motel on Railroad Avenue. Defendant had checked into the motel on February 22, 2010, after 10:00 p.m. Defendant did not appear intoxicated to the motel owner at that time.
The next morning, defendant did not check out despite several warnings. When she had not checked out by 2:30 p.m., the motel owner called the police. The responding officer told defendant she needed to leave. Defendant was moving slowly, and said she was feeling dizzy. She gathered her two bags and purse, and said her mother was coming to give her a ride.
Defendant sat outside to wait. A little while later, the motel’s housekeeper reported to the motel owner that defendant had a gun. The motel owner again called the police and when the police responded shortly thereafter, he pointed out to them defendant’s green Toyota Avalon. The cleaning lady pointed out live cartridges under the mattress in defendant’s motel room. They were hollow-tip .38–caliber Special Hornady.
Defendant consented to a search of her belongings. Inside one bag was a small silver Smith and Wesson .38–caliber revolver containing six live rounds. Inside another bag were more live .38–caliber rounds. Defendant was arrested for possession of a loaded concealed firearm.
There were rounds of ammunition on the driver’s seat of defendant’s car, which was registered to Robbie Wright. Inside one of defendant’s bags police found an Orchard Supply and Hardware sales receipt and inside her purse they found some handwritten notes, which read: “I got to get Lucinda’s son and Robbie’s daughter,” “[i]t started with you and will end with you,” and “[u]nknown what to do February 20.” Inside her wallet was a debit card with Green’s photo. One of her bags contained “quite a bit of ammunition,” including three Hornady expended brass casings consistent with .38–caliber Hornady hollow tip bullets, and two water bottles of green liquid.
Defendant’s mother, Robbie Wright, and sister, Joann Wright, arrived at the Mar Ray Motel after defendant had been taken to jail. They advised the police inspector they were afraid defendant might have attempted suicide at the motel. They were subsequently interviewed separately at the police station. The police did not tell them Green had been killed or that defendant was a suspect until after they were interviewed.
Joann Wright told the police that defendant and Green had been arguing on Saturday, February 20 when Green came to pick up their son. Joann said: “She was just real talking nasty to him and trying to provoke him to say stuff.” Joann remembered thinking she hoped Green did not say anything to defendant because if he did there would be an argument.
The recording of Robbie Wright’s interview was played for the jury. She lived in Vallejo with defendant and Joann. On Monday evening around 10:00 or 11:00 p.m., defendant asked Robbie if she wanted anything from the store, and Robbie said no. At 4:00 a.m. the next morning, Joann noticed Robbie’s car was gone, but defendant’s red Plymouth Breeze was parked in front of their house. Defendant’s mother was afraid defendant was going to attempt suicide again, as she had two years before, because she is mentally ill. Robbie repeatedly called defendant’s cell phone and finally got an answer. Defendant said she was ready to come home, but could barely talk. Robbie noticed defendant’s Prozac bottle was empty.
Robbie described defendant’s previous suicide attempt in 2008 and her subsequent hospitalization and treatment. She knew that defendant and her baby’s father did not get along. They argued. Robbie described them as a “a fuse … [w]hen they get together.” She agreed with the interviewer’s characterization of their relationship as “pretty volatile at times.”
Robbie thought defendant was still in love with Green and wanted to get back with him. When Green moved on and started living with his new girlfriend, Natasha, it “threw her over the edge.” Defendant could not accept Green’s new girlfriend.
Robbie and Joann Wright allowed a search of their home. Inside defendant’s bedroom the inspectors found many empty tequila bottles in the dresser drawers and on the floor, and a bottle of green antifreeze. There were three empty ammunition boxes, two for Hornady hollow point bullets and one for .38 caliber lead bullets. They also found speed-loader packaging and a daycare contract.
Robbie Wright agreed to a search of her car. Inside the car were three live .38 caliber Hornady hollow tip rounds, a half-full tequila bottle, and a partially full acetaminophen bottle.
After interviewing Robbie and Joann Wright, the inspectors tried to interview defendant in a holding cell at the jail. She was barely responsive, and very lethargic. She was seated on the floor, and could not stand up by herself. The inspector could tell something was wrong; she “appeared altered.” The inspector helped her stand up and asked her what she had taken. Eventually defendant revealed she had taken a whole bottle of Prozac and ingested antifreeze. The inspector requested emergency fire and ambulance aid and verified that the officer who had searched defendant’s belongings had located empty pill bottles and a water bottle containing a liquid consistent with antifreeze. Defendant was transported to the hospital in a very serious condition.
- Defendant’s Statement to Police at the Hospital
Police inspectors interviewed defendant at the hospital on February 25, 2010. The recorded interview was played for the jury.
Defendant admitted she accidentally shot Green. “I was just going to shoot at him.” She bought the gun and ammunition to shoot herself. “It was just too much stress.” While she was in the motel room she decided to scare Green. Defendant was angered by Green’s relationship with his new girlfriend and his failure to fulfill his responsibilities with defendant’s son. She waited in the parking lot for about 10 minutes before he got there. She sat and watched Green for about five minutes before going to shoot at him.
The first time she fired, she missed. The shot shattered the glass. Then he got out of his car and tried to hit her. He asked what she was doing there When he tried to come after her she got scared. He came towards her between the two cars. She fired once or twice. She thought maybe she hit him in the leg. He fell; she ran.
When she got back to the motel room she took pills and drank antifreeze to kill herself. She said Green’s work schedule had changed and she did not know Green would arrive while she was at the lot. Green told her where he lived, but she had never been there before.
She had some feelings for him, but she was not in love with him. She was not upset he had a new girlfriend. She did not plan to scare Green. She decided to scare Green at the motel room.
- Defense Evidence
In the second trial, defendant testified again, in many ways consistently with the summary above of her testimony from the first trial. The details were similar. It is not necessary to repeat them in our discussion of the defense evidence.
Defendant did indicate Green infrequently provided her with money to help raise their son, giving her funds to purchase diapers or $100 every now and then. Only after November 2009, when the couple were involved in judicial custody proceedings, did the assistance from Green increase a bit.
Defendant also acknowledged she testified at her first trial the idea of shooting Green arose while she was at the motel before going to his home, but that was not true. “I may have misspoke, but that’s not what I meant.” She also recalled testifying she “never thought about it.” That was true. At the motel, she was thinking about killing herself, and feeling she needed to talk first with Green. She was unable to explain why she felt that way. A video recording of defendant at the jail was also played for the jury.
Dr. Melanie Lee, a physician, treated defendant in March 2008 and February 2010 for suicide attempts. On March 6 and 7, 2008, defendant was hospitalized for an overdose of Unisom, an over-the-counter sleeping medication which contains Benadryl, and alcohol. After being discharged from the ICU, defendant was sent to an inpatient psychiatric facility and referred to a psychiatrist, Dr. Towery. Defendant’s diagnosis was major depression.
Dr. Lee also saw defendant on February 24 or 25, 2010, when defendant was treated in the emergency room after taking antifreeze. Lab results showed defendant had profound metabolic acidosis and an elevated anion gap, which is consistent with ethylene glycol poisoning from ingesting antifreeze.
Dr. Towery was asked to do a psychiatric evaluation of and make a treatment recommendation for defendant. He saw her on March 7, 2008. Defendant came in following an overdose and the recommended treatment was that she be transferred for inpatient psychiatric treatment after she was medically stabilized. Based on his consultation with defendant, Dr. Towery diagnosed her with major depression, single episode and recurrent [and prescribed an SSRI, Prozac].
Persons suffering from major depression may have suicidal thoughts, low or no enjoyment in doing things, low energy, low motivation for doing things, low interest in things, sleep and appetite disturbance, and often a lower sense of self-esteem. Major depression may also affect cognitive function. Treatment is usually a combination of psychiatric medication and psychotherapy and generally takes place in a psychiatric hospital or other supervised setting to prevent suicide. Prozac is commonly used to treat major depression. He did not follow up with defendant after the initial consultation. He next saw defendant on February 25, 2010, when he diagnosed major depression, recurrent, and alcohol abuse/dependence. He recommended she resume taking antidepressant medication.
On December 28, 2009, at about 2:00 a.m., Officer Ritzie Tolentino found defendant in a car parked in the middle of the road on the abandoned military base on Mare Island where there were no street lights and no people. Defendant was passed out inside the vehicle with the engine and lights on. She appeared to have passed out from intoxication. After being awakened, she was unable to talk. She was booked and taken to jail.
Dr. Leland Mew, a retired emergency room doctor, treated defendant on February 23, 2010, in the hospital emergency room when she was brought in by police and paramedics. She was lethargic and unable to answer questions. Knowing beforehand she had probably overdosed on ethylene glycol, which is toxic as well as lethal, he began immediate treatment for acidosis with stomach pumping and the antidote panipisol. Tests confirmed she had metabolic acidosis, which could be caused by ingesting antifreeze.
If a female five feet four inches tall and weighing 135 pounds drank a fifth of a liter of tequila from 11:00 p.m. to 1:00 a.m., by 8:15 p.m. that evening her blood-alcohol level would be at or near zero. A concentration of .02 micrograms per milliliter of hydrocodone would be at the lower end of the therapeutic range for a chronic user. Hydrocodone is an opiate contained in Vicodin. It can affect a person’s cognitive abilities. Alcohol can magnify the effects of opiates.