In re Anthony N. CA5

FACTS

The Prosecution Case On March 5, 2012, at approximately 5:45 p.m., Modesto Police Officer Daniel Starr was on patrol traveling south on Sutter Avenue south of Rouse Avenue when he heard three to five gunshots. A few seconds later a black Lexus traveling slowly, north on Sutter Avenue passed him. Officer Starr heard another gunshot and saw a large amount of dust and debris “kick up” next to the driver’s window of the Lexus, which caused him to believe that one of the Lexus’s occupants fired a gun. Officer Starr made a U-turn and radioed dispatch that he had just observed a drive-by shooting. He followed the Lexus with his siren and emergency lights on as it ran two stop signs, turned right (east) on Rouse Avenue and traveled past Colorado Avenue before stopping next to a barn-like building located on the south side of the street. After the Lexus’s driver and passenger exited the car, the passenger ran southbound, jumped over a chain-link fence, and ran away. The driver, whom Officer Starr identified in court as Anthony, appeared confused, disobeyed Officer Starr’s commands to get on the ground, and jumped over the same chain-link fence. However, after the driver climbed back…