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People v. Martinez10/31/2002
nt was called off. Mr. K. told Officer Coleman that his stepson (appellant) had shot at him and his daughter, and had fired five shots. Mr. K. said that as he drove away from his residence he saw appellant running behind his truck firing at his truck. As he drove away, Mr. K. pushed his daughter down toward the floorboard to protect her from the gunfire. Mr. K. told Officer Coleman that he knew appellant to carry firearms, and became concerned when appellant reached for his black bag during their argument. After Mr. K. showed Officer Coleman where appellant was standing when the incident first began, Officer Coleman located six spent shell casings on the ground. The shell casings were located near the eastern edge of Mr. K.'s residence and throughout the street in an easterly direction. Officer Coleman also located five unexpended, or live, rounds near the location where Mr. K. said appellant was standing when appellant began to pull his gun from the black bag. The five live rounds were on the lawn in front of the residence close to the curb, and were approximately 30 to 40 feet from where Officer Coleman found the first spent shell casing. In addition to the live and expended shell casings, Officer Coleman also located a fired bullet, or projectile, in the roadway approximately 150 yards from Mr. K.'s residence. Photographs depicting the various locations of the live and expended rounds, and the projectile found by Officer Coleman were introduced into evidence. Mr. K. also pointed out various marks on his pickup truck, which were not present on the truck prior to appellant shooting at the truck. After removing the right rear taillight lens, officers recovered another fired bullet, or projectile, from inside the housing of the taillight. The various live and expended rounds, and the projectiles recovered from the scene, were photographed in their locations by Identification Bureau Technician Patrice Clement, who later collected and inventoried the evidence. The live and expended rounds were for a .25-caliber. Subsequent examinations and testing established that the fired bullets were fired from the .25-caliber semi- automatic handgun appellant had in his possession when he was arrested. The examination of the spent shell casings, found at the scene, established they had been cycled through appellant's weapon.
Appellant was taken into custody by officers of the Sanger Police Department on May 24, 2000. Detective Gregory Velasquez was just leaving work when he overheard the Sanger dispatcher sending officers to the 7-Eleven and Circle K convenience stores in Sanger to look for appellant. Detective Velasquez decided to go by those two locations and see if he could spot appellant, or otherwise assist other officers. Detective Velasquez did not see appellant and was heading home, when he was advised that Fresno police officers were en route to the 7-Eleven in Sanger, believing appellant would be there. Detective Velasquez was asked to park near the 7-Eleven to look for appellant, which he did.
Detective Velasquez saw appellant walking toward his parked vehicle. Not wanting appellant to know who he was, Detective Velasquez drove off and radioed his observations to other officers. Detective Velasquez drove around the block and " eeked out into the street to see if I could keep an eye on [appellant]." Noticing that appellant was again looking at his car, Detective Velasquez decided he needed to contact appellant and advised the other officers. Detective Velasquez drove his vehicle down the street, stopping his car on the wrong side of the street across from where appellant was standing. Detective Velasquez got out of his car, drew his weapon and ordered appellant to get down onto the ground. Detective Velasqu
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