Marijuana Grower’s Conviction For Voluntary Manslaughter Upheld From Killing Thief of His Crop.
Phayvanh Dydouangphan (“PD”) had the appropriate documents to grow marijuana for medicinal purposes and did so in his backyard. The plants grew so large that people on the Fresno street alongside the garden could see the plants over a six-foot fence. Thefts were a constant problem, so PD kept three dogs to protect his plants.
One night in 2011, four thieves reached over the fence and stole PD’s marijuana. As they were escaping with the marijuana with three additional people, PD shot at their pick-up truck with a shotgun and killed one of the thieves.
PD claimed that he shot in self-defense because one of the thieves pointed a gun at him however, no such gun was recovered.
PD was charged with murder (Penal Code
