People v. Gebauer CA2/3

FACTS AND PROCEDURAL BACKGROUND

1. Gebauer points a revolver at Carly Martinez On May 25, 2022, around 9:00 p.m., Carly Martinez parked her car on the street outside her residence. She got out to see if she’d left enough space around the car. Martinez heard someone shouting. She “kind of looked around and there was another person a few cars behind [her], so [she] assumed that the person who was yelling was yelling at that person.” The person who was shouting—later identified as Gebauer—said, “ ‘Get your ass over here.’ ” He seemed angry. Martinez got back in her car to turn it off and gather her belongings. She looked up and realized the person across the street, who had been yelling, was holding a gun at waist level and pointing it at her. She could see the barrel of the gun pointed toward her. The gun looked like a revolver, but its barrel was not as long as those in the old cowboy movies. Martinez

2 “saw a glint,” so she thought the gun was silver or gray in color, “something that would catch the light.” That light came from a streetlight; Gebauer was standing in front of a black BMW stopped under the streetlight. The BMW was in a red zone and seemed to be “idling,…