People v. Vital CA3

I. BACKGROUND

While on patrol in Roseville, a police officer noticed a red pickup truck stopped in a hotel’s driveway. A records check revealed the truck’s registered owner, defendant, was on active probation. After passing the officer, defendant drove into another parking lot; the officer followed in his patrol car. Defendant then turned around, drove directly toward the officer’s car, and fled at high speed. The officer activated his emergency siren and pursued defendant onto the freeway. Defendant drove onto the shoulder and stopped. The officer got out of his car, drew his firearm, and yelled, “police” and “show me your hands.” Defendant leaned out of the driver’s seat window with his hands extended and the officer saw a muzzle flash and heard a gunshot. The officer took cover. As he stood up to return fire, the officer saw another muzzle flash and heard a second gunshot. The officer took cover again. Defendant drove off and the officer continued the pursuit. After exiting the freeway, defendant crashed his truck, jumped on its hood, scaled a chain-link fence, and fled. Police apprehended defendant several hours later. Investigator David Woodruff advised defendant of his…