People v. Walters CA3

BACKGROUND

We take the facts of defendant’s current offense from our prior opinion affirming his conviction. On September 26, 1996, two railroad workers saw two transients, defendant and another man, arguing near the Roseville railroad yard. The workers heard a gunshot. Defendant bent down and scrambled to pick up a revolver from the ground. He shoved the gun into his belt and ran off, limping. The other man remained at the scene and cooperated with police officers who arrived to investigate. Defendant was found about 15 minutes after the officers were summoned. He was lying in some weeds, behind a dumpster, about one-quarter of a mile away. When the officers approached him he raised up on all fours. A short standoff ensued; the officers told him to lay flat on the ground and to put his hands out to his sides. Defendant did not obey; at one point he reached toward his waist. Roseville Police Officer Frank Ortiz shouted at him not to do it and to put his hands up on the ground. After a minute defendant complied with the officer’s commands. The revolver was in defendant’s waist band. He had a gunshot wound in his leg. He told Officer Ortiz that he had shot himself. He smelled of…