STATE OF CALIFORNIA V. LOU MAGOO

STATEMENT

STATE OF CALIFORNIA V. LOU MAGOO

STATEMENT OF FACTS

  1. Prosecution
  2. The Relationship Between Lou Magoo and Lakesha Shotwell

Ms. Shotwell was in a relationship with Mr. Lou Magoo, the Defendant. (RT 004) The relationship between Ms. Shotwell and Mr. Magoo began on December 26th 2013 and they started living together in 2014. (RT 013)  They were about to get married, but the engagement broke off in 2016 (RT 004). On January 5th 2017, Ms. Shotwell obtained a restraining order against Mr. Magoo (RT 004). As of January 7th 2017, Mr. Magoo and Ms. Shotwell were not living together. (RT 013) On an unknown date in January 2017, one of Ms. Shotwell’s family members contacted Mr. Magoo by phone to ask him to leave Ms. Shotwell alone as per the restraining order. (RT 015, 016)

  1. Threatening Phone Calls and Voice Mails from Lou Magoo to Lakesha Shotwell

On January 7th 2017, Mr. Magoo made more than 20 phone calls and left voice mails to Ms. Shotwell, which she ignored. (RT 007) Some of the phone calls that Ms. Shotwell received were from the 661 area code. (RT 010) Ms. Shotwell had blocked Mr. Magoo’s numbers on her phone. (RT 009)

 Ms. Shotwell was able to recognize Mr. Magoo’s voice. (RT 008) In one of those voicemails, Mr. Magoo threatened to kill Ms. Shotwell and thereafter kill himself. (RT 038) Ms. Shotwell became worried and stressed out after receiving that phone call. (RT 044) When he arrived, Ms. Shotwell called 911 to report that he had violated the restraining order issued against him. (RT 038) In that 911 call, Ms. Shotwell indicated that she had changed her number. (RT 040) She did not give Mr. Magoo her new number. (RT 040)

On 25th January 2017, Mr. Magoo called Ms. Shotwell again. (RT 046) He made more than 10 phone calls using at least three different phone numbers. (RT 047) One of the numbers belonged to one of Mr. Magoo’s sisters. (RT 047) Ms. Shotwell recognized his voice. (RT 047) Mr. Magoo also sent text messages to Ms. Shotwell. (RT 047) Ms. Shotwell knew it was him when he called the number that texted her and Mr. Magoo answered. (RT 047) Mr. Magoo eventually showed up at her house and began throwing rocks while shouting at her to come out. (RT 091) Ms. Shotwell had to call 911 again because she was fearful and Mr. Magoo kept coming back to her house. (RT 091) He would come regularly and hide in the apartment complex so the police would not find him. (RT 093) At all times, the police did not find him. (RT 093) As a result of Mr. Magoo’s actions, Ms. Shotwell could not rest or sleep peacefully. (RT 093) She was concerned that Mr. Magoo would come into the apartment and harm her. (RT 093) Ms. Shotwell called the phone company and she was told that someone had the pass code and that’s how Mr. Magoo got her new phone number. (RT 051) Ms. Shotwell had to switch to another phone company. (RT 051)

Mr. Magoo would also call Ms. Shotwell’s work number every day when she was on shift and off shift. (RT 052) At some point, her boss told her that she would be fired if the frequent phone calls did not stop. (RT 052) Eventually, Ms. Shotwell had to leave her job. (RT 053) She left her job because Mr. Magoo told her that he would come to her place of work, find out where she was and then follow her. (RT 053) He did this every day. (RT 053) This made Ms. Shotwell more fearful. (RT 054) She informed her family that she was living in fear because of Mr. Magoo’s conduct and she went to live with them. (RT 054) Mr. Magoo knew where Ms. Shotwell’s family members lived and constantly went there. (RT 055) Ms. Shotwell saw Mr. Magoo at one of the houses of her family members. (RT 055) Mr. Magoo’s conduct continued until the month of May 2017. (RT 061)

  1. The Police Pursuit and Stalking Incidents

On May 1st 2017, Ms. Shotwell was watching television with two of her cousins, Ashli and Amari, when she received a phone call from Mr. Magoo. (RT 086) Mr. Magoo informed Ms. Shotwell that he was sitting outside the house and wanted her to come out. (RT 086) He also indicated that he would harm her and later harm himself. (RT 087) When Ms. Shotwell saw Mr. Magoo outside the house, she called 911. (RT 087) During the call, she indicated that Mr. Magoo was driving in the parking lot without his lights on. (RT 092) The police arrived. (RT 094) Ms. Shotwell went outside to open the gate for the police to come in. (RT 095) When she went to drive her vehicle for the gates to open, Mr. Magoo pulled up behind her and hit her car. (RT 096, 097, 098) When he saw the police come into the gate, he reversed his vehicle and sped off. (RT 103, 104) The police followed Mr. Magoo in pursuit. (RT 109) During the pursuit, Mr. Magoo got into a hit-and-run as a result of crushing into a guardrail and taking off. Later on, when Mr. Magoo and the police were gone, Ms. Shotwell received more phone calls from Mr. Magoo. (RT 110) Amari answered one phone call and Mr. Magoo expressed that he was angry that Ms. Shotwell had called the police on him. (RT 110)

On May 1st 2017, Mr. Magoo also followed Ms. Shotwell. (RT 070) He followed her to the school in which one of the children Ms. Shotwell was babysitting was studying. (RT 070) He called Ms. Shotwell and told her he was seeing her and that he knew what she was wearing. (RT 070)

Ms. Shotwell had to move out of Apartment 76 so she would not place the other family members in danger. (RT 072) Later, she was informed that Mr. Magoo had gone back to Apartment 76. (RT 073) Mr. Magoo had stated that he would deal with anyone who came in his way. (RT 073, 074)

  1. The Attempted Murder

On May 9th 2017, Mr. Magoo went to Ms. Shotwell’s apartment. (RT 483) In his vehicle, he had packed a bag with a knife, tape, gloves, and black bags. (RT 480) Mr. Magoo began calling out Ms. Shotwell’s name for her to come out. (RT 483) Ms. Shotwell was not present. (RT 482, 483) Ashli, one of Ms. Shotwell’s cousins, yelled at Mr. Magoo that Ms. Shotwell was not at home. (RT 483) Ashli heard a huge rock hit her window when she was still outside and she had to call 911. (RT 483) The police arrived. Mr. Magoo informed the police that he was looking for Ms. Shotwell. (RT 485)

  1. Defense
  2. The Relationship Between Lou Magoo and Lakesha Shotwell

Mr. Magoo and Ms. Shotwell met in 2013 and started dating in that year. (RT 495) Mr. Magoo paid the down payment for Ms. Shotwell’s apartment and they started living together. (RT 495) They got engaged and afterwards, Mr. Magoo took his ring back. (RT 495) On December 25th 2016, Mr. Magoo moved out of Apartment 74. (RT 533) Instead of moving to a place where she could feel safe, Ms. Shotwell moved to Apartment 76, near Apartment 74. (RT 498, 499)

  1. The January 7th 2017 Incident

Ms. Shotwell testified that on January 7th 2017, Mr. Magoo threatened to kill her and himself and this made her terrified. (RT 495) She never mentioned that when she made the 911 call on that day. (RT 495) She only mentioned that Mr. Magoo had violated the restraining order. (RT 496) Mr. Magoo did not make any threats to her. (RT 496) When the police arrived, Ms. Shotwell never mentioned that Mr. Magoo tried to kill her. (RT 496) She did not mention any voice mails or text messages of Mr. Magoo threatening to kill her. (RT 496) Ms. Shotwell did not mention anything about Mr. Magoo trying to grab her arm while trying to enter the apartment. (RT 496)

  1. The January 25th 2017 Incident

Ms. Shotwell testified that on January 25th 2017, Mr. Magoo went to her apartment and contacted her by phone. (RT 497) She never mentioned to the police that Mr. Magoo was at her apartment. (RT 497) When she made the 911 call that day, she didn’t mention that Mr. Magoo was throwing rocks at her apartment. (RT 497) Ms. Shotwell never mentioned to the police that Mr. Magoo kept coming back to her house. (RT 498) The police did not take any pictures or document any texts because there were no threatening messages from Mr. Magoo. (RT 498)

  1. The May 1st 2017 Incident

On May 1st 2017, Ms. Shotwell made another 911 call. (RT 499) She did not mention that her life was being threatened by Mr. Magoo. (RT 499) Her cousin, Amari, was also on the phone. (RT 499, 500) She did not mention that Mr. Magoo was threatening any of them. (RT 500) When the police arrived, Ms. Shotwell did not mention that she was watching television as Mr. Magoo was calling her to come outside. (RT 500) She did not mention that Mr. Magoo was threatening her. (RT 500) All she said was that Mr. Magoo was violating the restraining order that she had obtained against him. (RT 501) The police did not find any threatening messages from Mr. Magoo. (RT 501) Ms. Shotwell did not inform the police that Mr. Magoo had parked his car and was hiding by the pool or in the bushes. (RT 502) Amari, Ms. Shotwell’s cousin, testified that she did not see Mr. Magoo out of his vehicle or running up and down the stairs to Ms. Shotwell’s apartment. (RT 503) Ms. Shotwell felt scared for her life and still went outside to confront Mr. Magoo. (RT 504) While testifying, Ms. Shotwell stated that she could not remember what exactly Mr. Magoo said to her. (RT 504) The police state that there was no crash and Mr. Magoo did not hit Ms. Shotwell’s vehicle. (RT 505) There was no assault on any police officer with Mr. Magoo’s vehicle, the purported deadly weapon. (RT 505) Officer Salazar, one of the officers at the scene, said that only one leg was outside the vehicle. (RT 507) Mr. Magoo was only trying to get out of the parking lot. (RT 507) Mr. Magoo did not crash head-on onto the guardrail. (RT 507) A head-on crash into the guard rail would have left huge debris. (RT 508) There was no such debris. (RT 508) Mr. Magoo hit a corner, not a guard rail wall. (RT 508)

  1. The May 9th 2017 Incident

On May 9th 2017, Mr. Magoo did not commit any acts that may amount attempted murder since Ms. Shotwell was not at home. (RT 493) The prosecution provided no evidence of any injury or anything to show that Ms. Shotwell escaped the purported threat. (RT 493) It is true that Mr. Magoo escaped the police, but he definitely didn’t attempt to kill Ms. Shotwell. (RT 493) When the police arrived after Ashli called 911, they found Mr. Magoo seated in his vehicle. (RT 494) He was not holding a knife or waiting to stab anyone. (RT 494) There was no jiggling of the door by Mr. Magoo as Ashli testified. (RT 509, 510) The police did not book any of the items they found in Mr. Magoo’s vehicle. (RT 513) The police did not collect crucial evidence such as photographs and fingerprints. (RT 513) There is no evidence of the threat that Amari claims Mr. Magoo made. (RT 514)

  1. Rebuttal

Ms. Shotwell, Amari and Ashli made inconsistent statements in their testimonies. (RT 524) It was confirmed by Ms. Shotwell, Amari and Mr. Magoo that on May 1st 2017, Mr. Magoo made threatening statements. (RT 525) In the 911 call that Ms. Shotwell made on that day, she misidentified Mr. Magoo’s race. (RT 526) Mr. Magoo threatened to kill Shotwell and showed up at her house every day. (RT 527) No evidence was produced to show that Ms. Shotwell, Ashli and Amari were lying. (RT 527) Officer Salazar testified that she saw smudges on the window when she responded to the 911 call on May 9th 2017. (RT 532) Ms. Shotwell moved to Apartment 76 with her cousin so that she could feel safe living with her. (RT 533) Amari did not have the actual threat on recording. (RT 533)

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