People v. Girdner CA4/1

INTRODUCTION

On a rainy Valentine’s Day in 2019, Appellant Martin Lee Girdner’s girlfriend called 911 because he was acting strangely. After he fired a rifle from his front yard, numerous uniformed police officers arrived. When the officers announced themselves, Girdner ran into the backyard. After hearing a gunshot from the backyard, the officers called in the SWAT team to take over. Once SWAT officers arrived, they set up a perimeter around the home. Two officers on the right side of the house near the backyard saw Girdner come into view and told him to show his hands. When Girdner instead pointed a gun at them, they exchanged gunfire. Girdner then returned to the house. About 30 minutes later, Girdner reappeared and pointed a handgun toward where the officers had been hiding, at which point two snipers shot Girdner. He was then taken into custody. A jury found Girdner guilty of four counts of assault on a peace officer

with a semiautomatic firearm (Pen. Code,1 § 245, subd. (d)(2); counts 1–4), one count of discharging a firearm in a grossly negligent manner (§ 246.3, subd. (a); count 5), and one count of drawing or exhibiting a firearm (§ 417, subd. (a)(2); count 6). It…