In re Timothy F. CA5

FACTS

Prosecution Case At approximately 1:45 p.m. on November 21, 2012, Bakersfield Police Officers Karl Martin1 and Kelly Williams were dressed in “civilian attire,” sitting in a parked, unmarked police car conducting surveillance, when appellant and Brenden R. (Brenden)

The “Prosecution Case” portion of our factual summary is taken from Officer Martin‟s testimony. Officer Martin referred to appellant‟s companion as “Mr. [R.].” Appellant, in his testimony referred to his companion by the first name Brenden and the same last name as indicated by Officer Martin. The record does not reveal whether this person was an adult or juvenile.

2 got out of a car parked behind the officers‟ car and approached the officers on foot. Brenden was carrying a machete and appellant was “standing in an aggressive stance as if he was prepared to fight.” Both officers “exited [their] vehicle, announced „Bakersfield Police Department,‟ and [Martin] displayed [his] badge.” Martin was wearing his badge around his neck. At that point, appellant and Brenden turned and ran. Martin ran after appellant, and Martin and Williams said, “„Stop. Bakersfield Police Department.‟” Appellant continued…