People v. Hooton

GIBSON, C. J.

Officers Scebbi and Espinosa of the Los Angeles Police Department, on motor patrol duty in a black and white police car, saw defendant walking along the street at 2:30 a. m. in a manner that aroused their suspicion. When first observed, defendant was walking fast, but as the car came close he slackened his pace and walked slowly with his head lowered. After he had been followed for a short distance, defendant stopped suddenly, left the sidewalk and approached the patrol car with his hands in his pockets. The officers stopped their car, and defendant said, “What’s the matter? Have I done something wrong?” The officers got out of the car, directed defendant to take his hands out of his pockets and asked him for identification. Defendant removed white cotton gloves he was wearing, took a wallet from his pocket and handed Officer Espinosa a card. Defendant then put his

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hand underneath his shirt at the belt line, and Espinosa said, “Get your hand out of there.” When defendant withdrew his hand, there was a gun in it and Espinosa yelled, “Look out. Gun.” Defendant and Espinosa were then facing each other about three feet apart, and Scebbi, who was standing close by, pushed defendant away from Espinosa. Defendant fired six shots at the officers, neither of whom had his gun out of his holster when defendant started shooting. Defendant’s first shot hit Officer Scebbi, who died as a consequence of the wound he sustained. The second bullet went between the two policemen, and the third shot wounded Officer Espinosa in the jaw. Defendant started running down the street, Espinosa fired at him twice, and defendant, shooting as he ran, returned the fire from a distance of approximately 60 feet. In this exchange of fire, Espinosa was wounded in the abdomen, and defendant was hit in the leg.

Defendant was apprehended near the scene of the shooting, and he voluntarily made several statements which were admitted in evidence without objection. Defendant said he was wandering in the streets looking for a car to steal when he noticed that a police car had turned down the street on which he was walking. He tried to walk as if he were drunk in order to avert suspicion. When he reached a place where it was very dark, he stepped

off the

curb and walked toward the police car. He asked the officers if he had done anything wrong, and one of them replied, “Well, we don’t know.” The officers got out of the car and asked him for his identification, and, while they were looking at the card he had given them, he pulled out his gun and started shooting. He said there were four warrants out for him, and he knew the officers would cheek on him, and he did not want to go to jail.