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People v. Mayfield1/2/1997
-foot-square pieces of poster board at distances ranging from 12 inches to 42 inches. The ammunition used in the test was of the same brand and type as the ammunition that had been in the gun when Sergeant Wolfley was shot, although not from the same manufacturing lot. Based on these tests, Wallis concluded that gunpowder particles from this gun would travel 30 to 36 inches from the end of the barrel.
B. Defense Case at the Guilt Phase
Howard Bell testified to a conversation with Tyrone Thomas during which Thomas said that Bell and defendant were not among the men who had been bothering him at the apartment complex in San Bernardino on the night of March 2 and 3, 1986.
San Bernardino Sheriff's Sergeant Donald Hankerson testified that on March 3, 1986, he assisted in taking defendant to Deputy Stein's patrol car after defendant had surrendered. Hankerson remained near the patrol car, keeping an eye on defendant, and he heard defendant ask how the officer was, but he did not remember defendant making any other statements, nor did he remember seeing Deputy Stein writing notes in a steno pad.
Roy Mayfield, defendant's father, gave similar testimony. He was present when defendant surrendered and heard defendant ask how the officer was and whether he could speak to his father, but "no other words were exchanged."
Defendant testified in his own behalf, giving the following account:
On March 2, 1986, defendant was staying with his father, who lived about six blocks from the service station at Foothill and Eucalyptus. Late that night, defendant was talking to some casual acquaintances on a street near his father's house when he met Howard Bell, whom he vaguely knew. Bell apparently heard defendant say he wanted to get some cigarettes, and Bell offered to drive defendant to a store, saying that he needed to get some gasoline. They agreed to meet in 15 minutes so defendant would have time to leave his bicycle at his father's residence.
As they had agreed, Bell picked defendant up on the corner near defendant's father's house and drove to the service station at Foothill and Eucalyptus. They went inside the station, and defendant purchased cigarettes and gasoline. Tyrone Thomas, whom defendant had never seen before, was inside the station "acting peculiar" and appearing to be "very paranoid, scared." Thomas approached defendant and Bell and asked "Why me?" Defendant did not reply but asked Bell if he knew Thomas. Bell said he did not. Thomas left the station. The clerk told defendant and Bell that the police would be arriving soon and that if they "had anything" they should "get rid of it."
Defendant put the cigarettes in his pocket and walked out of the station with Bell. Thomas was talking to an officer near a police car in which a woman was seated. After telling Bell he was going to make a phone call, defendant walked to the phone booth. He attempted to make a call, but the line was busy so he hung up. Defendant turned around and began walking toward the service station bathrooms.
Approaching defendant with his gun drawn and pointed at defendant, the officer said, "Hey, mother fucker, hold it." Defendant turned to face the officer, who said, "Black mother fucker, freeze." Defendant backed away and asked, "What's going on?" But the officer, who appeared to be very angry, "just continued to cuss out," repeating "Black mother fucker, hold it." Referring to defendant as a "black mother fucking nigger," the officer told defendant to put his hands up. Defendant stopped walking and put up his hands. Defendant and the officer were then at the northwest corner of the service station. Defendant did not have a knife
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