People v. Pimentel CA6

I. FACTS AND PROCEDURAL BACKGROUND

A. Facts2 On July 4, 2021,3 Salinas police officers responded to a call reporting a disturbance and possible gunshots. The reporting party told police she had been upstairs when she heard banging on her front door. She heard someone jumping over the fence to her rear patio. She pulled her blinds open and observed someone standing outside holding what she believed to be a gun, though she “did not actually see the weapon.” The person struck and shattered the glass door, entered the apartment, grabbed a bottle of liquor from the kitchen, and began pacing and talking to himself. He ran out when he heard sirens and dropped the bottle, which shattered. The officers observed a male, later identified as Pimentel, ducking next to a parked vehicle. Pimentel began to run when officers approached, but then complied with commands to get on the ground and was detained. Officers found a loaded AR-15 style rifle under a vehicle a few yards away from where Pimentel had initially hid himself. They discovered an extra high-capacity rifle magazine next to the rifle. A records check established that Pimental was on active postrelease community supervision (PRCS).…