People v. Martin CA4/3

FACTS

Frederick Martin (Fred) lived in a mobile home park located in Huntington Beach. In the early morning hours of May 20, 2011, multiple neighbors heard Fred and his son, Martin, arguing and saw them engaging in a physical altercation. One of the neighbors observed Martin holding onto Fred and grabbing Fred’s wrist. It appeared Fred was trying to hold onto a gun and Martin was trying to control Fred’s hands. Fred repeatedly told Martin to “stop it.” The men spun around a few times before the gun was kicked out into the street. Martin walked out into the street and picked up the gun. Martin was heard to yell, “You son of a bitch. You tried to have me murdered last night.” A second neighbor heard gunfire coming from the area of Fred’s carport. When she looked out at Fred’s carport area, she observed Fred was bleeding from the head as he hosed down the carport area. At approximately 7 a.m., Fred left a voicemail for a coworker at Kaiser Permanente. During that message, Fred was heard saying, “Jeremy, put the gun

All further statutory references are to the Penal Code.

2 away. We’re just gonna [sic] talk that’s all. Put it away and we’ll just talk.” At about the…