In re D.M. CA5

FACTS

On June 9, 2013, at about 12:46 a.m., Officer Webb was patrolling in a marked patrol vehicle. As he drove northbound on Blackstone Avenue by a Pep Boys store, he noticed a group of three males walking through the parking lot. The group consisted of D.M., Marcus, and Demar. Officer Webb was about 15 or 20 yards from the males, who were standing together. D.M. and Marcus were next to each other and Demar was behind them. Officer Webb saw no one else in the area. The parking lot was illuminated with tall street lights in the lot, as well as city street lights and lighting along the building. When Officer Webb glanced a second time, he saw that D.M.’s hand was raised and holding a revolver. Officer Webb heard a shot fired. He observed that D.M. had a high- top afro hairstyle and was wearing a grey T-shirt. Marcus had a short afro and darker skin, was about the same height, and wore a red shirt and dark pants. Officer Webb did not see what happened to the firearm. Once the males realized an officer was watching them, they all ran eastbound across Blackstone Avenue. D.M. and Demar continued running eastbound through the mall’s parking lot. Marcus turned south and ran through the…