People v. Thomas CA2/3

── People v. Thomas CA2/3 ── Court: California Court of Appeal Date: May 19, 2026 Category: General Filed 5/19/26 P. v. Thomas CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE THE PEOPLE, B331861 Plaintiff and Respondent, Los Angeles County Super. Ct. No. MA081385 v. DAVION THOMAS et al, Defendants and Appellants. APPEAL from judgments of the Superior Court of Los Angeles County, Kathleen Blanchard, Judge. Affirmed. Richard D. Miggins, under appointment by the Court of Appeal, for Defendant and Appellant Davion Thomas. Robert L.S. Angres, under appointment by the Court of Appeal, for Defendant and Appellant Wesley Vaughn Jones. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Steven D. Matthews and Amanda V. Lopez, Deputy Attorneys General, for Plaintiff and Respondent. ‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗  Appellants Davion Thomas and Wesley Vaughn Jones challenge their convictions for second degree murder of Lashawn Coleman. Thomas claims ineffective assistance of counsel for failure to present evidence of his mental condition, outrageous governmental conduct based on the detectives allowing witnesses to remain together prior to their interviews, prosecutorial misconduct for calling these witnesses to testify, and ineffective assistance of counsel for not moving to exclude their testimony at trial. Jones argues that the trial court erred by declining to instruct the jury on involuntary manslaughter as a lesser included offense. We reject their claims and affirm. FACTS AND PROCEDURAL BACKGROUND I. The Facts A. Derlene Shaw Lashawn Coleman, also known as Teena, was an in-home caretaker for 72-year-old Derlene Shaw. She periodically lived with Shaw. Shaw met Jones through mutual friends and knew him as “Country.” Jones met Coleman through Shaw and developed a relationship. Shaw observed Jones and Coleman arguing on prior occasions. Once or twice, Shaw saw Coleman with injuries, such as a black eye or injured lip. On the night of May 21, 2021, Shaw had a get together at her apartment at 737 Jackman Street in Lancaster, California to celebrate her release from the hospital after being hit by a car. Several friends were with her, including “Badass,” “Shay,” “Papa Red,” “Freckles,” Marilyn Adams, “Carla,” James Ramires, and Coleman. Shaw and many of the others were drinking alcohol, smoking marijuana, and using cocaine. 2  Earlier in the day, Jones called Shaw’s apartment and asked who was present. Shaw told him that Coleman was not there. Coleman did not want her to tell Jones she was present because she was getting ready to go to the store. Coleman went to the store with Ramires and returned to Shaw’s apartment. At 10:00 p.m. or 11:00 p.m., Jones arrived. He knocked on the door and Badass opened it. Jones and another man entered. The other man wore a mask and appeared to have an item in his hand and placed it in his pocket. The other man waved hello. After Jones entered, he talked with Coleman about returning his items. Coleman agreed to return the items, but their conversation escalated into an argument. They remained in the hallway at the front of the apartment during their argument. Shaw told them to “ ‘cut it out’ ” and “ ‘just talk.’ ” Jones pushed Coleman. She pushed him