People v. Nelson

240 Cal. App. 4th 488 (2015)

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Nature of the Case

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Facts

D's wife said she was going to get a divorce. They had various disagreements about property division, spousal support, child support, and child custody. D was angry and “very unhappy.” D rented a house on his property to Laura Tatarzyn. They became friends. Tatarzyn was having problems of her own with Edgar, the father of her child. In June 2013, her friend Yoshi joked about how she could hire someone to kill Edgar. Tatarzyn told D about her conversation with Yoshi. D thought it was funny. A week later, he asked her for Yoshi's phone number. D explained that “he was having a really rough time with his wife … .” Tatarzyn claimed she did not have the number. On July 12, 2013, D asked again for Yoshi's phone number. D needed someone to “take care of” his wife because he was desperate and there was no other way out. Tatarzyn said that she was going to Tijuana for other reasons, and while she was there, she would “take care of” Edgar. D said, “You should ask for a two-for-one deal.” Tatarzyn contacted D's wife and told her and the wife called the police. Investigator Cornett interviewed Tatarzyn. Tatarzyn went to Tijuana to go to a party. While she was there, she texted D that she was buying “pig meat” from a “farmer” whom Yoshi knew for $1,000. This was “code” meaning that the hit man charged $1,000. D did not seem to understand the code word for a hit so she also texted, “I'm not talking about pigs. Think Scott. Why am I going to Tijuana?” D replied, “Yes I understand the menu now.” That night, when Tatarzyn was back home, she talked to D about the supposed hit man in Tijuana. She recorded the conversation. She talked about the seventeen or so murders that had been done and that two or three days were needed to deal with D's wife cause he was doing something else. D talked about how he could no longer stand his wife and confirmed the price was $1000. Investigator Cornett arranged for Investigator Anguiano, an undercover officer, to pretend to be a hit man from Tijuana. On July 17, 2013, Tatarzyn gave D Anguiano's phone number. The next day Tatarzyn asked D if he had used the phone number; he said “No, not yet.” On July 19, 2013, D told Tatarzyn that he needed to figure out how to call the phone number without being traced. She let him use her phone. He placed a call, but there was no answer. Tatarzyn texted Investigator Cornett and told him the call had not gone through. About an hour later, Anguiano phoned Tatarzyn, and she handed her phone to D. When Anguiano asked if D had a job for him, D said yes. Anguiano agreed to meet on Sunday at noon at the Walmart in Murrieta. Anguiano requested a photograph and an address. D said he understood and added, “No problem.” Anguiano asked, “Um, you're going to give me three hundred … ?” D said, “Okay.” On July 20, 2013, D told his girlfriend, Vivian Levinson, “I know someone that can get rid of my wife.” He said he had an appointment to meet the person the following day. She cried and “begged him not to do this.” She added that “if he was to proceed with it, [she] couldn't be with him anymore.” D replied, “That's fine. … I'll take care of it and stop it.” On July 21, 2013, Tatarzyn received a text from D saying, “Gonna pass on Guido's services. Thank you.” Later, D told Levinson, “You saved someone's life today.” On July 22, 2013, D was arrested. D was convicted and appealed.