A state appeals court panel Tuesday upheld a man’s conviction for fatally shooting a homeless man in Hollywood and smashing out the windows of a vehicle he thought belonged to two men who had duped him in a drug deal.
Troy T. McVey was found guilty of voluntary manslaughter for the Jan. 4, 2015, killing of Richard Miller, who was killed after asking McVey for money.
McVey also was convicted of felony vandalism for using the handle of a knife to smash the windows of a car he thought belonged to two men who had sold him $40 worth of cocaine that turned out to be powdered sugar shortly before Miller’s killing, according to the 18-page ruling by a three-justice panel from California’s 2nd District Court of Appeal.
McVey was sentenced to 16 years and eight months in state prison.
The appellate court panel refused to send the case against McVey back for re-sentencing under a new state law that gives judges discretion on whether to strike or dismiss certain handgun enhancements during sentencing, ruling that it appears there is “no possibility” the trial court would exercise its discretion to strike the enhancement that added 10 years to his sentence.
The justices noted that the trial court judge “identified several aggravating factors, including the lack of significant provocation, appellant’s disposition for violence, his lack of any remorse, and his `callous reaction’ after shooting an unarmed homeless man six or seven times.”
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