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People v. Mayfield1/2/1997
a and eventually contacted San Bernardino Police Officer Craig Armstrong, who drove Thomas to Rialto, where Thomas lived, leaving him in a commercial area.
Thomas was still in fear of his life, believing that some of the men might have followed him from San Bernardino. He ran to a gasoline service station with a minimart on the northwest corner of Foothill Boulevard and Eucalyptus Avenue, and he asked the clerk, Carlos Price, to telephone the Rialto police. Thomas told Price that he had been robbed and that some men were after him. It was then between 1:00 and 1:30 a.m. on March 3, 1986. Price telephoned the police, stating: "Ah, we have a black male here that says two other black guys are after him and he's hiding in the store." The police dispatcher promised to send someone. While waiting for the police to arrive, Thomas remained inside the minimart portion of the station.
A short while later, defendant arrived at the service station with Howard Bell, who was driving his mother's car, which Bell parked by the pump nearest the service station. Bell had agreed to give defendant a ride to the service station so that defendant could purchase cigarettes, in exchange for which defendant agreed to buy some gasoline for Bell's mother's car. Bell and defendant entered the minimart together, and defendant purchased the cigarettes and gasoline. Price told them that if they "had anything on them" such as an open container of beer, they should "get rid of it" because he had called the police.
Thomas believed that he had seen Bell earlier at the apartment complex in San Bernardino, and he decided that Bell and defendant intended to kill him. When defendant put his hand into the pocket of his jacket, Thomas believed he saw the outline of a gun.
Thomas ran outside just as a patrol car pulled up behind Bell's mother's car. The driver of the patrol car was Sergeant Wolfley; riding with him was his wife, Candette Wolfley, who was a police officer for the City of Fontana. Unlike her husband, she was not on duty or in uniform. With his hands raised, Thomas ran up to Sergeant Wolfley, who grabbed Thomas, pushed him across the hood of the patrol car, and pat-searched him for weapons, finding none. Thomas told Sergeant Wolfley that two men in "the store" were "after" him, that they were "going to kill" him, and that "the guy in the coat" had a pistol. Thomas would not stand still, kept looking around him, appeared to be badly frightened, and looked as if he "possibly was under the influence of a narcotic." As Thomas was talking to Sergeant Wolfley, defendant and Bell left the minimart. Bell began pumping gasoline into his mother's car, while defendant walked over to a telephone booth in front of the service station and picked up the receiver. Speaking to Sergeant Wolfley, Thomas said: "Don't let them get away."
The prosecution witnesses gave somewhat varying accounts of what happened next.
According to Thomas, Sergeant Wolfley started walking toward the telephone booth. Defendant put down the receiver and walked away from the booth at a normal pace. Sergeant Wolfley told defendant to "Stop." Defendant did not stop but continued walking along the west side of the service station and out of Thomas's view. Sergeant Wolfley then drew his service revolver and pointed it in the direction taken by defendant. Thomas looked away and when he looked back, he could see neither Sergeant Wolfley nor defendant.
According to Price, who observed events from inside the minimart by looking through its windows, defendant was walking toward the restrooms on the west side of the service station. After defendant went around the southwest corner of the building, Sergeant W
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