Two men were convicted Monday in a deadly home invasion robbery that targeted marijuana dealers in Irvine.
Omar Miller, 46, and Andre Andrews, 40, were convicted of first-degree murder with special circumstance allegations of murder during a robbery, along with felony assault with a semiautomatic weapon, Jurors also found true sentencing enhancements for the personal use of a gun.
Jurors acquitted the pair of conspiracy to commit robbery.
Co-defendant Devon Quinland, 38, who is charged with conspiracy and assault with a semiautomatic gun, both felonies, and a misdemeanor count of possession of cannabis for sale, is next due in court in January.
Miller and Andrews were convicted of killing 20-year-old Raymond Alcala Oct. 26, 2019, at 5 Bayleaf. They are scheduled to be sentenced Dec. 12 and face life in prison without the possibility of parole.
Police were called to the home just before 5:45 a.m. and officers were met by resident William Phan. Phan told officers he was shaken awake by two intruders then pistol-whipped and bound by duct tape before the assailants left him alone and turned their attention toward Alcala, according to Senior Deputy District Attorney Alexa Elliott.
The duct tape ended up being a key piece of evidence when one of the intruders had trouble starting the roll and took off his gloves and then used his teeth to free it up, Elliott said. That left DNA evidence tying Miller to the crime, she added.
Police also traced the cellophane wrapper for the tape back to a truck stop store where it was sold in Ontario, Elliott said.
Another key piece of evidence in the trial was video from Phan’s bedroom. It shows Phan easily shedding his binds as he responded to the violent struggle with Alcala.
Phan ran out of the house shouting for help, Elliott said.
“He jumped a fence he was so scared” while fleeing, the prosecutor said. “He’s screaming, `Call the police.’ ”
Investigators found about 400 pounds of marijuana and $158,000 in cash in the house, Elliott said.
“This is why they went in to rob” the victims, Elliott said.
Phan, Alcala and another man were in business together selling marijuana, Elliott said.
Andrews and Quinland got an SUV and a car to help haul off the loot and as a getaway vehicle, Elliott said. They used a crow bar and screwdriver to break into the residence they had under surveillance, Elliott said.
They also rented an Airbnb room nearby to regroup after the heist, Elliott said.
Miller shot Alcala, and a bullet casing found at the scene was traced back to the gun Miller used, the prosecutors said.
The robbers “waited for (the victims) to pass out hard,” Elliott said, adding they had serious drug abuse issues.
Andrews testified he owed “the cartel” $140,000 and was being threatened. Defense attorneys Lee Stonum and Mark Fredrick argued that if they were under duress the law prohibits a conviction on the special circumstances and first-degree murder charges, but that defense does not apply for second-degree murder.
Elliott also pointed to a text message Andrews sent to Quinland the night of the fatal shooting about “any news on that radio that stopped playing.” Andrews testified it was a mundane text message about a car with a faulty radio.
Elliott scoffed at Andrews’ explanation.
“They’re talking in code all the time,” she said.
The other roommate made multiple calls after the shooting but none were to police, suggesting the home invasion was an inside job, Fredrick argued. The roommate put a cardboard box over Alcala and when officers arrived he told them, “Hurry up, my friend’s dying upstairs,’ ” according to Fredrick.
The officers who responded to the deadly home invasion did not notice that any of the residents were intoxicated, Fredrick said.
Fredrick faulted investigators for not following up on Andrews’ claims he was being threatened. One of the messages was a photo of the home of Andrews’ girlfriend and her children, Fredrick said.
“These threatening messages were on Andre’s phone for six years,” Fredrick said. “(Elliott) wants to tell you it doesn’t matter, but it matters.”
“We’re talking about the cartel,” he said. “These people live in a different world. They kill families all the time.”
Fredrick pointed out the intruders didn’t demand any money and made foolish mistakes leaving incriminating evidence behind. He added the intruders didn’t take any money when they fled the scene either.
Fredrick also noted how the intruders ushered the residents’ pet dog into a closet.
“Doesn’t sound like murderers to me,” he said.
Stonum also noted how one of the detectives knew in 2019 about a possible “inside man,” and links to a man he said was identified as Chaz Lyn.
Lyn was one of Quinland’s phone contacts, Stonum said. But he was “not connected to Mr. Miller or Mr. Andrews in any way,” Stonum added.
Lyn went to Los Angeles International Airport the night of the shooting and was never heard from again, Stonum said. The defense attorney faulted investigators for not following up on the lead, calling it a “dereliction of duty.”
The prosecution has “not met their burden. It’s not good enough,” Stonum argued.