People v. Scott CA2/3

── People v. Scott CA2/3 ── Court: California Court of Appeal Date: June 04, 2026 Category: General Filed 6/4/26 P. v. Scott CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B344281 Plaintiff and Respondent, Los Angeles County Super. Ct. No. VA003230 v. WALTER STEVE SCOTT, Defendant and Appellant. APPEAL from an order of the Superior Court of Los Angeles County, Joseph R. Porras, Judge. Affirmed. Marilee Marshall for Defendant and Appellant. Rob Bonta, Attorney General, Charles C. Ragland, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Idan Ivri and Marc A. Kohm, Deputy Attorneys General, for Plaintiff and Respondent. ‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗  On five separate days from January to February of 1990, appellant Walter Steve Scott and his codefendant Glenford Brooks engaged in a violent crime spree, culminating in the murders of a pregnant woman and her unborn baby. Scott petitioned to vacate his first degree murder convictions under Penal Code section 1172.6.1 After an evidentiary hearing, the superior court denied the petition. Scott now appeals the denial of his petition. Because substantial evidence supports the finding that Scott acted with reckless indifference to human life under the currently valid theory of felony murder in section 189, subdivision (e)(3), we affirm. FACTUAL AND PROCEDURAL BACKGROUND 1. Facts a. January 27, 1990 incident against Steven J.2 and M.J. On January 27, 1990, at about 10:30 p.m., while Steven J. and his wife M.J. were unloading groceries from their car outside their home in San Gabriel, California, Brooks threatened to kill them at gunpoint. Brooks took some of their valuables, including Steven J.’s wedding ring. Brooks repeatedly ordered Steven J. and M.J. to look down and threatened to shoot they failed to comply. 1 All further undesignated statutory references are to the Penal Code. 2 To prevent disclosure of M.J.’s identity, we refer to her husband as Steven J. 2  Brooks motioned at a red car driven by Scott who reversed it into the driveway. Scott went into the home through the front door which M.J. had already unlocked. Brooks ordered Steven J. and M.J. to enter their home. Inside, Brooks demanded their money and Scott ransacked the home. Brooks forced Steven J. and M.J. into the back room and ordered them to sit in a chair facing the corner so they could not see anything behind them. Brooks ordered M.J. to take off her clothes and sit on Steven J.’s lap. Brooks next ordered M.J. to get up and lie down in the doorway of the room. She complied. Scott told Brooks that he did not have to do that or “ ‘let’s not do this.’ ” Brooks argued with him and said, “ ‘we are doing it.’ ” Scott responded, “ ‘Oh, you always get your way.’ ” Brooks ordered M.J. to go into the bedroom. She lay down on the bed and Brooks inserted his penis into her vagina. When Brooks stopped, Scott inserted his penis into M.J.’s vagina. Scott and Brooks repeatedly threatened to shoot M.J. if she did not look down. M.J. was scared because both Scott and Brooks said they were going to shoot her. She asked Scott and Brooks not to hurt them. After Scott stopped engaging in sexual intercourse with M.J., he and Brooks tied her up with phone cord and gagged her with a beach towel. While M.J. wa