People v. Martinez CA4/3

FACTS

In 2015, appellant was living in Orange with his mother, brother, and several other members of his extended family. The household was peaceful for the most part, but early one morning, appellant got into a heated argument with his mother because she refused to drive him to his girlfriend’s house. During the row, appellant brandished a gun and threatened to kill his mother, so another family member called 911. When the police arrived, they evacuated appellant’s family through the side windows and took up armed positions around the house. Then appellant came outside and began walking down the driveway, where Police Officer Nicholas Silver was positioned behind a car. When appellant noticed Silver, he exclaimed “oh, shit” and retreated to an alcove by his front door. Silver tried to talk him into surrendering, but appellant stayed by the door and smoked a cigarette. Then, without warning, appellant pulled his gun and started shooting toward Silver. That drew a barrage of return fire from the officers. Although appellant was shot and fell to the ground, he continued to reach for his gun, so the officers shot him again. All told, appellant sustained three gunshot wounds.…