People v. Renteria

VALLÉE, J.

By information defendant was accused in two counts of assault with intent to commit murder. A jury found him guilty as charged. A motion for a new trial was denied. Defendant appeals from the judgment and order denying a new trial.

About 9:30 p. m. on October 30, 1958, Deputy Sheriffs Little and Hargreaves were staked out in county territory near El Monte looking for defendant, an escapee. They were in an unmarked automobile with a white spotlight. They knew there was a warrant outstanding against defendant for escape. About 9:55 they saw defendant, Virginia Palma, and her 18-month-old daughter in a 1949 Chevrolet. As defendant’s car passed, traveling between 20 and 25 miles an hour, the deputies followed. When defendant noticed he was being followed, he increased the speed of his car to 40 or 50 miles an hour and told Mrs. Palma he had probably run a red light. Mrs. Palma asked him several times to stop but he did not. Defendant reached into the glove compartment of the car and obtained a gun which he held on the steering wheel. The officers had the spotlight on the rear window and directed him to pull over. Defendant leaned out of the window and pointed the gun in the direction of the deputies’ ear.

Defendant’s car finally careened into a driveway and stopped. Defendant stepped out and fired four shots at the officers. The first shot struck the windshield of the officers’ car. Little was covered with glass from the shot. Hargreaves shot at defendant, the bullet passing through the windshield of the officers’ car. Little fired twice at defendant.

Defendant ran up a driveway and got away, hitchhiked to Bakersfield, from there to Fresno, to San Francisco, and to Richmond. On the way he stole an automobile.

In rebuttal Officers Piesehke and Becker of the state highway patrol testified that on November 11, 1958, they received a broadcast to look for a 1955 or 1956 Chevrolet with license

[218]

plates which did not correspond. The officers were in uniform and driving a patrol car. The Chevrolet passed them; the officers turned the red light on; and the Chevrolet stopped. The officers got out of the patrol car. Defendant stepped out of the Chevrolet, walked toward Pieschke, and “pulled a revolver.” Pieschke told defendant to halt, throw the gun away, and put his hands on his head. Defendant began shooting. The officers returned the fire. Defendant ran over a nearby railroad track and across a barbed wire fence, exchanging shots. In the chase Pieschke shot defendant in the leg.