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People v. Mayfield

1/2/1997

and did not drop the knife that was later found behind the service station.


Bringing the gun to within a few inches of defendant's face, the officer "said he was going to blow [defendant's] mother-fucking head off." Defendant, who was then both frightened and angry, saw the gun's cylinder start to turn and believed the officer was going to shoot him. Defendant grabbed the gun, and as he did so the gun went off. Defendant placed both of his hands over the officer's hands, which were still holding the gun, and they "started tussling."


The officer said, "Mother fucker, I'm going to kill your ass." As they struggled, they moved east behind the station toward Eucalyptus. The gun fired again and fell to the ground. Defendant picked up the gun and ran toward Eucalyptus. Glancing back, defendant saw the officer on the ground, not moving. There was blood on the ground. Defendant had not at any time intended to shoot or kill the officer, only to take the gun away from him.


Defendant ran up Eucalyptus intending to go to his father's home. A police car came speeding up behind him, shining a spotlight on defendant. Defendant fired what he intended to be a warning shot "in the air," but he noticed a "big flash" on the police car, which immediately backed up. Defendant turned into the driveway of the Sunstone Apartments and dropped onto some grass behind a boulder. He then ran up Eucalyptus again. Seeing more police cars, he fired another "warning shot." He ran around the corner and into the first backyard.


Defendant went through the backyard and over a wall. He found himself back at the Sunstone Apartments, where he observed two or three adults and a small child. Defendant put the gun in his waistband. He walked and then ran to the back of the Sunstone Apartments's parking lot. Looking over a wall at the service station, he saw some officers around the area where the officer had been lying on the ground. He heard a voice say, "If you see the mother fucker, kill him."


After scaling another fence, defendant found himself near the corner of a building. Because he was "fed up with running" and believed there were officers nearby, he threw the gun around the corner and walked forward with his hands up, but no one was there so he picked up the gun and continued on. After pausing for a few minutes to pray, defendant went through a gate and over another fence. He began running through a field.


Defendant saw some police officers and crouched down to avoid being shot. After crossing the field, defendant found himself on a dirt road. Moving along the road, he "heard a shotgun pump." The sound came from the area in front of him. Defendant slowed down. He heard someone say: "Mother fucker, hold it." He stopped. When he heard the sound of a gun racking, he started running toward a house. He heard gunshots and dove through a window of the house.


Inside the house, defendant quickly got up off the floor and moved away from the window and into a hall. A door suddenly opened. Defendant "turned and the gun went off." The person in the doorway went back into the room and the door closed again. Defendant tried the knob, but the door would not open. Noticing a man coming from the other end of the house, defendant told him to leave. The man went outside and was immediately snatched by the police.


The man inside the room, who defendant later learned was William Haverstick, refused to open the door, so defendant forced his way inside. He found Haverstick sitting on the floor with his back against the door. There was blood on Haverstick's leg. Defendant asked Haverstick if he was "hurt bad," and Haverstick said he was. Defendant asked if there was anyth

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