People v. Palmer CA3

FACTS

On February 17, 2011, about 2:00 a.m., Robert Binsfield, David Barker and Mitchell Engstrom were walking to a party after drinking at a bar in Chico. Binsfield stopped to talk with other friends while Barker and Engstrom continued walking. Binsfield heard yelling and cursing, looked around a corner and saw defendant jogging toward him holding a shotgun. Defendant yelled at Binsfield something like, “You want to go” or “You want some of this.” Binsfield ran and hid behind a parked car. Officer Curtis Prosise was in his patrol car within a block of where defendant had threatened Binsfield when he received a dispatch call of a Hispanic male, wearing a white T-shirt, carrying a shotgun, and yelling “Chapman” and “Norte.” Prosise drove to the area, saw defendant and shined his spotlight on him. Defendant fled and Prosise pursued him. As defendant ran, Prosise heard metal striking the asphalt, but Prosise did not stop. With the aid of another officer, he took defendant into custody. Prosise then returned to where he had heard the metallic sound and found a loaded shotgun with the stock and barrel modified. The parties stipulated that the Norteños were a criminal street gang and…