The players are Terrell Markham, an 18-year-old man accused of pulling a stolen gun on a police officer, and Officer Adam Affrunti, who had shot five people prior to these two tangling on Nov. 17, 2007.
Despite the prosecutor’s repeated objections, San Bernardino Superior Court Judge Ronald Christianson on Thursday ruled that one of the officer’s past shootings and one case of alleged excessive force is admissible at trial because of the possible similarities to the Markham shooting.
The judge is vacillating on how much of Markham’s criminal history may be introduced to the jury and said he would review the files and make a decision on Monday.
Affrunti says he recognized Markham as a gang associate and was suspicious about why he was wearing a fur-lined coat in 80-degree weather. Markham ran when he was approached, running several blocks before Affrunti found him hiding in a housing courtyard.
When Markham allegedly began to pull a stolen gun out of his back pocket, Affrunti shot him several times.
Markham, who was blinded in the incident, is charged with exhibiting a firearm in the presence of an officer, resisting an officer, receiving stolen property and participating in a criminal street gang.
Defense attorney Dale Kristopher Galipo argued that Affrunti’s prior shootings must be told to jurors to ensure Markham receives a fair trial. He has accused the officer of planting a gun on Markham.
“Officer Affrunti felt he had to come up with some justification because he felt he could be disciplined or lose his job,” Galipo said. “Officer Affrunti has a history of violence and using excessive deadly force, and attempts to justify it by saying (the suspect) had a gun in his hand.”
Jurors will hear about the February 2007 shooting of Edward King, who ran from Affrunti and was shot after the officer said he saw a gun in his hand. A gun was found in King’s pocket.
They will also hear about the June 2007 takeover of Turner’s Outdoorsman. After a high speed chase of the suspects who stole 70 guns, Affrunti saw Brandon Carroll get out of the vehicle and run so he chased him. Affrunit eventually found him, pulled him down from some crates and swung him to the ground to try and restrain him.
Galipo claims Affrunti beat Carroll and compared that incident to the officer kicking Markham when he refused to get on the ground.
The judge previously ruled that Markham’s criminal history could be introduced to prove his membership to a gang, but he is undecided on how much the jury will be able to know about a juvenile record that started at age 7.
“His juvenile files are voluminous,” prosecutor Ronald Dean Webster told the judge. “Pages and pages.”
Markham’s criminal past includes hitting a teacher, shooting someone with a B.B. gun, robbery, selling marijuana and hitting a business owner with a stick while vandalizing a store, according to court records.
Filed under: Censorship, Civil Liberties, Drugs, Guns, Information, Military Industrial Complex, Prison Industrial Complex, San Bernardino County, SB DA, SB Judges, SB PD | Tagged: Adam Affrunti, Dale Kristopher Galipo, Rob Webster, Ronald Christianson, San Bernardino Police Department, Terrell Markham |