People v. Whalen CA2/6

FACTS

On April 3, 2018, Theopheus Bennett made a 911 emergency call. He told the dispatcher he was stabbed in the park and “I’m bleeding to death.” He said he got jumped by “[m]en, I think.” They had a knife. Police Officer David Garza responded and went to the “Barkin’ Dog Park” in Lompoc, California. He went to assist Bennett who had “multiple stab wounds on his upper back and his lower back.” He remained with Bennett until the ambulance arrived. Garza testified that Bennett was unarmed. He had no weapons, knives, or any “sharp cutting instruments.” Bennett died at the hospital. Doctor Manny Montez, a county forensic pathologist, testified that the cause of death was “multiple stab wounds.” The depth of the stab wounds to Bennett’s back ranged from “four to six inches deep.” Ricardo Perea, an “acquaintance” of Whalen’s, testified Whalen told him about an incident at the dog park. Whalen said a man woke him going through his belongings. “So [Whalen] grabbed his knife [and] stabbed him. The guy ran away. [Whalen] ran after him and continued stabbing him.” Whalen said he “killed somebody.” Perea told Whalen that “it doesn’t look good” when you stab somebody in the back. Whalen…