People v. Valdez

175 Cal.App. 3d 103 (1985)

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Nature of the Case

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Facts

McKinley, an employee of Thrifty Oil Company, was at the cashier's window when Valdez (D) gave him $4 for gasoline. After D pumped gasoline worth $3.99, he returned to McKinley and in Spanish said something about 'cinco.' McKinley motioned to him to return to the pump. D pumped another penny's worth of gasoline, and again returned to the window insisting that he had given McKinley 'cinco dollars.' McKinley denied he had been given that much money and both men began yelling. D raised his jacket, and McKinley saw a '45 type pistol' in D's belt. McKinley moved to D's left and away from the front of the cashier's window where there was an opening. D pointed the pistol in McKinley's direction. McKinley called the police on the telephone immediately behind him and about ten feet from where D was standing. McKinley heard three shots and the sound of the impact on the window. Thereafter, McKinley did see D jump into his vehicle and drive away. An employee of a Jack-in-the-Box restaurant across the street heard a gunshot and saw a man standing approximately four feet from the cashier's window. The man's arm was extended, and he was holding a gun. The man drove away in a white Maverick pursued by Police. The officer happened to be at the Jack-in-the-Box restaurant at the time of the shooting. The officer arrested D, the sole occupant of the vehicle. A loaded .380 Barretta automatic with two rounds in the clip and one in the chamber was found in the Maverick. A subsequent test established D had recently fired a firearm. The glass as 'bullet resistant.' D testified that he became angry because McKinley 'was not waiting' on him and instead was talking on the telephone. He admitted firing three shots but claimed McKinley was not in his line of fire. D was found guilty of assault with a firearm.