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People v. Martinez10/31/2002
ther was, as she was not at home. Mr. K. told appellant he did not know where his wife was. Appellant seemed upset.
Appellant told Mr. K. he wanted his (appellant's) property, which had been stored at Mr. K.'s house. Mr. K. told appellant he had just returned from taking appellant's property to appellant's uncle's home. Appellant asked Mr. K. to take him to the uncle's home and then take his property to where appellant wanted it delivered. Mr. K. replied he could not do that. Appellant and Mr. K. began arguing about appellant's property. Appellant grew more upset. Mr. K. decided to drive away, as he did not want his daughter to witness the argument between himself and appellant. While appellant and Mr. K. were arguing appellant began to unzip a black bag, which appellant was carrying in his hand. Mr. K. thought appellant was retrieving his cell phone to call someone to give him a ride, and denied telling police officers he thought appellant was reaching for a gun. As Mr. K. drove away he heard a loud popping sound. Mr. K. also heard sounds like something striking his truck. Mr. K. believed it was gunfire, and drove around the corner from his residence and called the Fresno Police Department.
As Mr. K. turned the corner he looked out the back window of his truck and saw appellant standing in the street. Mr. K. denied telling the police he had seen appellant running down the street shooting at his truck with a handgun. Mr. K. also denied telling police officers that appellant was in a fit of rage, or that as Mr. K. drove away from the residence he pushed Heather K. down onto the floorboard of the truck. Mr. K. met with police officers approximately 10 minutes after the incident with appellant. Mr. K., concerned about his daughter's perception of the recent events, called his wife, appellant's mother, to come and take his daughter home. Mr. K. returned to his residence approximately two hours after the incident, accompanied by Officer Coleman of the Fresno Police Department. Mr. K. saw that the message light on his digital answering machine was blinking. Mr. K. listened to the messages, and believing two were from appellant, advised Officer Coleman. Appellant's first message concerned getting his property from Mr. K.'s house. In the second message, appellant warned Mr. K. not to return to his home. Officer Judith Stumpf later recorded the messages using a handheld microcassette recorder. The recording made by Officer Stumpf was also introduced into evidence.
Mr. K., upon inspecting his truck after the incident, noticed some "small dents in the metal," one on the front right fender and another near the tailgate. Mr. K. also noted there was a hole in the right rear taillight lens. Mr. K. could not say for certain the marks were not present prior to the incident with appellant. Mr. K. later admitted telling Officer Coleman that he did not remember the damage being present before the incident with appellant. Mr. K. could not recall telling the police he was afraid of appellant. Mr. K. did admit that because his wife was the mother of appellant things had been difficult at home since the incident.
Fresno police officers who arrived in response to Mr. K.'s call, secured the area around his residence and believing appellant was still in the area, began a search. The Fresno Police Department's tactical unit, the violent crimes suppression team, participated in the search of the neighborhood looking for appellant. While the search was being conducted the Fresno police officers were notified that appellant had been taken into custody in Sanger, and they discontinued their search for appellant.
Officer Coleman met with and interviewed Mr. K. after the search for appella
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