People v. Wilson CA5

FACTS

On November 20, 2019, the Kern County Sheriff’s Office received reports of a single gunshot coming from appellant’s residence. Kern County Deputy Sheriff Mathew Alvarez reported in uniform to appellant’s residence at approximately 9:00 p.m. The residence was situated on a hillside, and the porch area was on the second story of the house, with a staircase leading up to it. The porch area was approximately 10 to 15 square feet in size. Alvarez went up the stairs to approach the residence and could see clearly through a window into the front of the house. Alvarez knocked on the door and announced loudly he was from the sheriff’s office a couple of times. Through the window, Alvarez saw appellant coming down the hallway toward the front door “walking with a purpose” “aggressively” with a long gun in his left hand. Alvarez thought he was going to get shot; he took a step back to move out of the way of the door and removed his firearm from his holster. Alvarez pointed his firearm toward the door and shouted, “sheriff’s office, put the gun down” approximately three times. Alvarez saw the door open but could not see appellant from where he had moved to. Alvarez continued to repeat…