P.

FACTS AND PROCEDURE

On April 30, 2010, around noon, a state parole agent was driving his car in

Riverside when he saw two males on bicycles arguing with the occupants of a Honda

Accord at an intersection. The passenger of the Honda got out and started fighting with

the two males. The driver of the Honda (defendant) pulled closer, got out, and stabbed

the two males. Defendant and the passenger then got back into the Honda and drove

away.

An off-duty police officer also witnessed the fight. The officer followed the

Honda in his car and called for back up. The Honda pulled into a parking space at an

apartment complex. The officer, who was wearing civilian clothes, got out of his car

with his gun drawn, identified himself as a police officer1 and told the men to stay in the

Honda. Defendant backed the Honda out of the stall and, with the Honda’s front facing

the officer, accelerated toward the officer. The officer fired his gun at the Honda, but the

1 Defendant testified at trial that he heard the officer say something like “[g]et out of the car or I’m going to shoot you in your head.”

2 car struck him, flipping him onto and over the Honda. The Honda crashed. The…