This case stems from an interaction between defendant and police officers, which resulted in a police officer chasing defendant on foot.
The chase spanned two to three blocks. During the chase, defendant ran between neighboring houses. Officer Oliver observed defendant throw a gun over a fence while running between houses. Shortly after Officer Oliver saw defendant throw a gun, the foot chase ended, and defendant was taken into custody. Police officers searched the yard that defendant threw the gun into and recovered a pistol.
Felon in Possession of Firearm
Defendant was convicted of being a felon in possession of a firearm. Defendant claimed there was insufficient evidence to support that he possessed the firearm.
Circumstantial evidence and the reasonable inferences that arise from the evidence can constitute satisfactory proof of the elements of the crime.
On the issue of whether defendant possessed a firearm, Officer testified that while he was chasing defendant, he saw defendant throw a gun over a backyard fence. Another officer testified that he found a gun in a backyard near the location where he was told defendant had thrown a gun. When viewing this evidence in the light most favorable to the prosecution, a rational trier of fact could have found beyond a reasonable doubt that defendant possessed the firearm that was recovered by police.
Court Determines Credibility of Officer Testimony
Defendant argues that Officer testimony was not corroborated by the footage from the officer’s body camera, and that the prosecution did not present any fingerprint or DNA evidence connecting defendant to the gun. But it is for the trier of fact to determine the credibility of Officer testimony and the weight to give the evidence presented at trial.
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