Conservative Babylon

The short story: Tongan street gang mixes it up with rival Samoan street gang in Long Beach, California. One of the Tongans shoots and kills one of the Samoans (apparently plugging him at least once when he was already on the ground), then—

—leaves for Utah to prepare for his upcoming “two-year mission to ‘preach the gospel of the Church of the Latter Day Saints.’”

When the cops find him in Utah, he says he doesn’t know anything about the shooting in Long Beach… but, um, oh, yeah, well, maybe he does remember something, but he still didn’t do anything, and, uh, even if he did, he’s such a hotshot, he could get somebody else to take the fall for him. ‘Cause, you know, he had a mission to prepare for and everything!

The long version (which makes for most interesting reading) comes from the denial of Matangi’s appeal of his conviction of first-degree murder, among othe charges, filed January 13, 2011:

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE,
Plaintiff and Respondent,

v.

TAIOSISI MATANGI,
Defendant and Appellant.

2d Crim. No. B220098
(Super. Ct. No. NA072305)
(Los Angeles County)

Taiosisi Matangi appeals from the judgment following his conviction by jury of murder and premeditated attempted murder. (Pen. Code, 壯 664/187, subd. (a).)1 The jury found true personal handgun discharge and criminal street gang allegations as to each crime. (壯 12022.53; 186.22, subd. (b)(1)(C).) The court sentenced appellant to prison for 90 years to life (25 years to life for first degree murder, with a 25-year-to-life firearm enhancement, and a consecutive 15-year-to-life term for premeditated attempted murder, with a 25-year-to-life firearm enhancement). Appellant contends that the trial court erred by failing to give accomplice instructions regarding two prosecution witnesses. He also contends that the prosecutor committed prejudicial misconduct during closing argument. Respondent concedes the instructional error but argues that it was harmless. We affirm.

BACKGROUND

Appellant’s convictions arose from a gang-related shooting on Friday, November 3, 2006, after a football game at Jordan High School, in Long Beach. …

Prosecution Case-in-Chief

Appellant belonged to the Tongans for Life gang (TFL) and used the monikers Shaka and C.C. Samuel Crichton, the murder victim, (Sam) belonged to Fam Bam, a Samoan gang.

On November 3, 2006, after the football game, Jacob Solia, Sam, Sam’s younger brother, Italia, and Simon, were walking away from Jordan High School. Lila Tupu, a Samoan student, stopped to talk to Sam. After they spoke, Lila walked north on Atlantic Avenue and Sam walked south, with Jacob and their friends.

Jacob noticed a group of three cars, a light blue (or gray) Thunderbird, a Blue Tahoe SUV, and a “little gray small car.” Members of TFL and its affiliate female gang, Lady Riders, were in each of the cars. Appellant drove the Thunderbird. Nathan Togiola (Munchy), a TFL member, was in the SUV with Lady Riders Tina Leka Hopoi and Yolanda Hopoi. Avery was in the gray car with Lady Rider, Monique Moe and another a girl named Nau.

The three-car caravan approached Jacob’s group. Seeking their gang affiliation, the cars’ occupants asked Jacob’s group, “Where you guys from?” Someone from Jacob’s group hit someone in one of the cars. The occupants of that car then threw beer bottles at Jacob’s group. The caravan drove away a couple of minutes later. Jacob’s group kept walking. The SUV approached again. Togiola rolled down its window and asked, “Where you guys from?” Jacob’s group responded, “SOS [Sons of Samoa], Fam Bam.” Togiola retorted, “F—k you guys,” and the SUV pulled away. Concerned that something would happen, Jacob’s group decided to go to the opposite side of Atlantic Avenue.

Jacob, Sam and Italia were behind the rest of their group. As they crossed the street, Jacob heard someone behind them shout, “Tongan for Life,” and heard gunshots. Jacob ran away, but a shot hit his leg. Just before the shooting, Jacob was standing next to Sam.

Lila heard the gunshots, also, right after she walked away from Sam. She turned and saw appellant standing over a body on the ground. She did not see a gun. It appeared as though “flashes” came from appellant. Lila ran away, and noticed a blue SUV near appellant and a person on the ground. Togiola was in the SUV.

Jacob could not identify the shooter but he did notice that he wore a blue bandana around his face. Jacob also noticed that the Thunderbird and the gray car were stopped near Sam.

When police responded to the scene, they found Sam lying on the ground, next to a pool of blood. They recovered five .40-caliber shell casings that had been fired from the same gun.

Sam had a fatal gunshot wound in his head and two gunshot wounds in his leg. The trajectory of one of his leg wounds suggested that the assailant fired the gun while Sam lay on the ground.

Appellant went to Utah on November 8, 2006. Police arrested him there on November 16.

Accomplice Evidence

On November 9, 2006, Long Beach Police Detective Daniel Mendoza interviewed Togiola about the shooting. Togiola told Mendoza that “he was a gangster and . . . didn’t want to rat out his friends.” Togiola did agree to “write something” for them if they gave him a piece of paper. Togiola wrote appellant’s gang monikers, C.C. and Shaka, on the paper.

Later in the interview, Togiola admitted his involvement in the confrontation. Togiola was in Tina Hopoi’s SUV during the confrontation. A Fam Bam member punched someone in appellant’s Thunderbird. The caravan drove away, then returned as the Fam Bam group was crossing the street. Togiola yelled out to the Fam Bam group just before he heard five gunshots. Later that night, appellant told Togiola that he had shot Sam. He also showed Togiola the gun he used to shoot him.

At trial, Togiola denied his TFL membership. He also denied knowing appellant, or knowing about a shooting at Jordan High School on November 3, 2006. He further denied that he was in a Tahoe SUV with Tina Leka, or that he knew the occupants of the other cars involved in the shooting. Togiola admitted that he is called “Munchy,” but claimed that no one except his family calls him that. Togiola admitted that he wrote appellant’s name down on a piece of paper during his police interview but testified that the police forced him to do that.

Monique Moe and her former boyfriend, TFL member Malaki Hopoi, were known as Lady P-Znac and P-Znac. On November 3, 2006, Moe went to the football game with Yolanda Hopoi, and Yolanda’s cousin, Nehu, in Yolanda’s small black Corolla.

After the game, Moe, Nehu, and Nehu’s boyfriend, Monei, were riding in the Corolla when Yolanda Hopoi drove it to meet appellant, who was driving a blue Thunderbird, and Tina Leka Hopoi, who was driving a blue Tahoe SUV. Togiola was in Tina Leka Hopoi ’s SUV. “C Steady” was in appellant’s Thunderbird. The SUV, Thunderbird, and Corolla moved in a caravan on Atlantic Avenue and stopped near a group of guys who were walking. The occupants of the SUV and Thunderbird started claiming TFL and “banging on” the walking group. Yolanda and Nehu (in the Corolla) also claimed TFL and yelled at the walking group. It yelled back and claimed Fam Bam.

When the detectives interviewed Moe, she told them that a male called, “No Name,” in the walking group had punched someone in the Thunderbird and that appellant responded by throwing a “slurpy” at the assailant. At trial, Moe testified that one of the people on the sidewalk threw a slurpy at appellant. She also testified that she just sat there while others “exchanged words.” (Before trial, Moe told detectives that she was “banging and claiming TFL” during the confrontation.)

After a few minutes, the caravan drove away from the walking group. It returned and approached the walking group, and resumed yelling and claiming TFL. The caravan left and returned a third time. Moe later told detectives that appellant left the car and shot Sam twice. Moe saw Sam on the ground. He appeared to be dead.

At trial, Moe initially testified that she saw appellant shoot Sam, but did not call the police because she was afraid. She also testified that she did not see appellant shoot Sam, before again testifying that she did see appellant shoot Sam.

Defense Case

Appellant belonged to TFL before the November 3rd confrontation with Fam Bam but he quit TFL before November 3rd. While in county jail, he boasted about being a “shot caller” in the gang in order to protect himself from attacks.

Appellant went to the Jordan High School football game in his stepfather’s Thunderbird on November 3. He met briefly with Tina and Yolanda Hopoi after the game. He drove down Atlantic Avenue by himself and passed the front of the school. While he was stopped at a traffic signal on Atlantic Avenue, someone tried to reach into the Thunderbird and punch him. When the light turned green, appellant drove away, and went home. He did not circle back in the Thunderbird. He was always alone in the Thunderbird and he never entered an SUV or a Corolla. Appellant also testified that after the game, he spoke with Tina Leka Hopoi because he was having car trouble and he asked her to follow him in her Tahoe SUV in case his car stalled again. A lot of people were riding in her SUV, including Togiola.

Appellant did not have a gun or shoot Sam or Jacob that night. He did not tell Togiola that he shot anyone.

Appellant is a Mormon. He went to Utah to prepare to go on a two-year mission to “preach the gospel of the Church of the Latter Day Saints.”

Prosecution Rebuttal

Mendoza and his partner, Robert Gonzalez, arrested and interviewed appellant in Utah. Appellant never mentioned that he went to Utah to prepare for a mission. Appellant changed his story often during the interview. He initially denied any knowledge of the November 3rd shooting. He admitted that he went to the football game but said that he went home after the third quarter. He also said that his cousin picked him up later in her Tahoe SUV and drove him to his girlfriend’s house. At one point he admitted knowing about the shooting but claimed that C-Steady would admit that he was the shooter. Appellant admitted that he was a proud member of TFL with so much “influence” that he could get someone else to admit to the shooting.

. . .

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