People v. Martinez CA6

I. FACTUAL AND PROCEDURAL BACKGROUND

On November 9, 2013, Frank Hewitt was working at the Uni-Kool Partners produce warehouse on West Market Street in Salinas, which is located near the railroad tracks. A man walked up to the office where Hewitt was working, and asked Hewitt to call 911 because he had been shot. The man waited out front for the police and emergency medical responders to arrive. Hewitt did not hear any gunshots that morning. Detective Kenneth Schwener was dispatched to the Uni-Kool warehouse and, on his arrival, saw the victim sitting on the ground outside being attended to by emergency medical responders. Schwener looked at the victim’s right arm and saw that he had been shot through the forearm, with the bullet exiting near the wrist. Officer Oscar Dydasco responded to the scene around 8:30 a.m. to assist other officers by taking photographs of the crime scene. When he arrived, he observed paramedics treating the victim and Dydasco took photos of the victim’s injury. Based on his training and experience, Dydasco believed the wound to be a gunshot wound. Dydasco searched the area including the railroad tracks and discovered a .22-caliber bullet casing.

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