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People v. Mayfield1/2/1997
lluminated it with a powerful spotlight. Defendant threatened to shoot "the hostage" if the helicopter was not withdrawn. The helicopter was removed and the sheriff's "SWAT" team was brought in.
During a telephone conversation with police officers, defendant kicked Haverstick twice, once in the thigh and once in the groin, so that Haverstick would scream and the officers hearing the scream would know he was still alive. But defendant also assisted Haverstick in preparing a tourniquet for his leg, brought him cigarettes to smoke, and assisted him into bed when he said he thought he was going to pass out.
Fifelski gave Rialto police officers the telephone number of the residence. When they established telephone contact with defendant, defendant said that he had a hostage, that he wanted to take the hostage with him and leave in one of the cars outside the residence, and that if anyone shot at him, he would kill the hostage. Somewhat later and apparently referring to the shooting of Sergeant Wolfley, defendant had this exchange with a sheriff's officer:
Officer: "So you need a car, huh?"
Defendant: "--I mean, like, like ya know, I just don't know why, ya know, I got rushed like I did, that's all. And, ya know, somebody puttin a gun in my face ain't cool. If he ain't gonna use it, he shouldn't of pulled it out."
Officer: "That's true."
Defendant: "Ya know, so that gave me proper action to take it from him."
A hostage negotiation team was brought in, headed by San Bernardino Sheriff's Sergeant Mike Stodelle. Defendant said he would drive Haverstick to the hospital and surrender there. Defendant's cousin Yvonne Hester joined the negotiations and offered to drive defendant and Haverstick to a hospital where Haverstick could be treated. Defendant said, "I'm gonna take him to the hospital--that's the only way I'm comin outa this door. . . . And when I get to the hospital, and there's enough people around, they can see me get arrested."
During this part of the conversation, Hester questioned defendant about what had occurred. Defendant admitted that he had "fired five shots already" and that "two of those shots went straight to--at the police." Asked by Hester how many policemen he had shot, defendant replied "Just the one." Defendant also said that when he "came out the store" he saw the police car arrive. He continued: "I went to the telephone, . . . and then on my way back, you see I heard him sayin, ya know, who'd you come here with . . . and then I turned around and ah, I tried to leave . . . . And he pulled his gun out--okay--and said put your hands up, and I said for what? He says put your hands up or I'll blow your head off." Asked by Hester why he "didn't just put hands up," defendant replied, "Cause I didn't do nothing." Somewhat later, speaking to his father, defendant said: "This police put the gun in my face and I just took it from him."
Defendant talked about shooting himself and admitted that he knew he would be going to "the penitentiary." He offered to surrender at the house if Hester was where he could see her. When told that his father, Roy Mayfield, was nearby, defendant asked that his father be brought to the front of the house. "With my daddy out there, I know I'm not gonna get shot." "If my dad is in front of the house, I'll come out."
Defendant's father was brought to the front of the house. As instructed, defendant tossed Sergeant Wolfley's gun through the broken living room window onto the front lawn. He then walked outside with his hands on his head and lay facedown on the ground. Deputy Emmerson then placed handcuffs on defendant and brought him to Deputy Stein's
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