People v. McKinnon CA4/2

facts as follows: “[T]here was a sting operation days beforehand, and so the officers

recognized [defendant]. Two separate officers who were not involved in that

investigation were called out to a domestic violence, supposedly, type dispute. When the

officers came out and tried to talk to them, [defendant] started walking away

immediately. The officers started yelling, ‘Stop or I’ll shoot. Stop or I’ll shoot.’

[Defendant] started running.

“I’ll make this short, Judge. The police officer shot [defendant] in the back twice.

Once through the right thigh and once through his buttocks, and then hit his scrotum. So

this is as [defendant] is running away. The officer claims that [defendant] had a firearm

and there are witnesses to support that at the trial. There’s conflicting evidence. But, at

worst, what [defendant] did was he turned around with the gun. Officer never says he

cocked it. Officer never says that he saw [defendant] about to pull the tripper. [Officer]

3 Simultaneously with the filing of the respondent’s brief, the People requested judicial notice of the record in defendant’s appeal from the judgment (People v. McKinnon (Feb. 28, 2008, E040156, E040157)…