People v. Walters CA4/2

BACKGROUND

We provide a cursory overview of the facts of the offense because they are not

germane to the issue. Defendant drove up to the residence where Darlene Walters, his

wife, lived with her boyfriend Richard Monson. Defendant was driving a blue pickup

truck that he said belonged to a friend. Upon hearing the vehicle drive up, Monson went

outside to investigate because defendant had previously said he would steal a car to get

Darlene if he had to. Monson was angry that defendant had brought a stolen truck to the

residence and told defendant to get the stolen truck out of there. Defendant and Monson

then began to bump chests and struggle in an altercation over Darlene.

The two men then calmed down and went inside the residence. At about this time,

Corporal Blinn of the Riverside Sheriff’s Department arrived with his partner in response

2 to a call about a disturbance and an unknown vehicle at the location. They saw a blue

pickup truck parked in the driveway with the engine still running. The rear window on

the driver’s side was smashed, and because the caller had referred to a truck, Corporal

Blinn suspected the truck was stolen.

After a few minutes, the…