People v. Miller CA1/3

I. BACKGROUND

A. Assault on Deputy Brewster Miller admitted that he and Christopher Skaggs burglarized the residence of William Haga and his wife on February 25, 2013, and stole ammunition and several weapons, including a 9 millimeter AP-9 handgun. After responding to the Haga burglary that night, Brewster was on his way to another assignment when he noticed a car merge dangerously into traffic and tailgate another vehicle. He pulled the car over after confirming that its registration had expired. When he got to the driver’s window and asked for the driver’s license and registration, the driver “smirked” and sped off. Brewster pursued. Brewster testified that during the chase, Miller, a passenger in the car, leaned out a window, turned completely around to face him and fired shots at him from a handgun. Based on the “multiple muzzle flashes” Brewster saw from the gun, he believed that the gun was pointed at him when it was fired. He veered to avoid the shots and tried to continue the chase, but his car slowed and he pulled to a stop. He discovered a bullet hole in his radiator, and fluid all over the road. Miller was arrested two days later in a motel after a three-hour standoff.…