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People v. Mayfield

1/2/1997

olfley drew his gun and ran after defendant. Defendant then began to run. They both disappeared from Price's view. Price could not remember whether he heard Sergeant Wolfley say anything to defendant. When Price last saw defendant and Sergeant Wolfley, they were about 20 feet apart.


According to Bell, Sergeant Wolfley called Bell over to the patrol car and asked him who he was with. Bell turned and looked toward defendant. As he did so, defendant began to run from the phone booth toward the west side of the service station and Sergeant Wolfley drew his service revolver and called out to defendant to "Stop" or "Halt." Defendant "paused" or slowed almost to a standstill on Sergeant Wolfley's command and turned toward Sergeant Wolfley, who was running toward defendant with the gun in his extended hand pointed straight at defendant. Defendant had no weapons in his hands, made no threatening gestures, and said nothing. When the distance between Sergeant Wolfley and defendant was reduced to about five feet, defendant backed away from Sergeant Wolfley, and the two disappeared from Bell's view around the west side of the service station. When he last saw them, Sergeant Wolfley and defendant were both walking, not running.


According to Candette Wolfley, Sergeant Wolfley met Bell midway between the patrol car and Bell's mother's car. Their contact lasted only one or two seconds, after which Sergeant Wolfley looked toward the pay phones. Defendant was just leaving the pay phones, walking toward the west side of the service station. Sergeant Wolfley began walking toward defendant, saying, "Stop, come here, I want to talk to you." Instead of complying, defendant quickened his pace and continued to walk away from Sergeant Wolfley, out of Candette Wolfley's view. Sergeant Wolfley again said, "Stop, I want to talk to you." When he reached the southwest corner of the building, Sergeant Wolfley drew his service revolver, "took a full combat stance," and said, "Freeze." Sergeant Wolfley remained stationary for "less than a second," then ran in the direction defendant had taken, out of her sight. She heard the sound of Sergeant Wolfley's voice coming from behind the building; the tone was firm and commanding, but she was unable to distinguish the words. While they were both in her sight, Sergeant Wolfley was never closer to defendant than 15 to 20 feet, and she never saw defendant walking backwards.


After an interval that Thomas estimated to be three minutes, Price five minutes, Bell between thirty seconds and one minute, and Candette Wolfley four to seven seconds, there was the sound of gunfire from behind the service station. Thomas and Price each heard two shots, two or three seconds apart. Bell heard a single shot. Candette Wolfley could not recall whether there was more than one shot. A few seconds after the gunfire, defendant ran from behind the station, "staggered" or "stumbled" sideways, and then ran north on Eucalyptus Avenue. Candette Wolfley grabbed a shotgun and ran toward the rear of the service station, where she found her husband lying on the ground on his stomach, bleeding profusely. His service revolver was missing and his portable radio, or handy-talkie, was not on his belt. Sergeant Wolfley's handy-talkie was later found "near the northwest corner of the station." Nearby was a watch cap that defendant had been wearing and what was variously described as a kitchen knife or butcher knife.


In the Sunstone Apartments on Eucalyptus Avenue, Curtis Alan Corbin had been looking out his bedroom window at the service station. He saw a uniformed officer walking around the station toward a Black man who was 20 to 25 feet in front of him. Corbin heard some shouting but was unable to

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