By Zahra Abbas
SACRAMENTO – Now, you don’t see this every day. Defendant Martin Foster is now facing trial after his preliminary hearing here Thursday in Sacramento County Superior Court, charged with felony assault after allegedly pointing a flare gun at a victim in a public restroom.
The victim told officers he was trying to relieve himself quicky, but not quickly enough because he was confronted by a man with a gun.
On July 28, 2020, at approximately 7:40 am, Officer Stephen Colombo received a call for a felony assault incident at a local park, and said, “The caller stated that there was a subject in the bathroom who tried to point a gun at him.
“The victim was on the scene when we arrived,” said Colombo, explaining that the “victim pointed towards a Black male adult near the restroom” who was wearing a “black hat with a white bill…and he had a bicycle with him.” This man was later confirmed to be Martin Foster.
Deputy District Attorney Jennifer Gong further questioned Colombo, who found a black and silver gun on the defendant. Colombo stated that after investigating the gun further, “it was a flare gun and there was one flare round inside of the barrel of the gun.”
The adult male was then identified as Foster, and a records check was conducted.
The victim further explained to Colombo that he was “exercising in the park” and he “needed to use the restroom” where he saw the defendant allegedly sleeping inside the restroom.
“He thought that he could use the restroom really quick,” Colombo stated, but the victim shared that he wasn’t quick enough. The defendant awoke and immediately pointed a gun at him saying “get the hell out.” The victim did not see an orange tip on the gun, so he believed “it was a real gun pointed at him,” said Colombo.
Once the victim managed to get out of the bathroom, he immediately called the police.
While the defendant was allegedly walking away from the scene, the victim pointed him out and identified him. That is when Colombo went to detain Foster.
The victim observed the gun that was taken off of the defendant, and identified it as the same gun that was pointed at him.
The defense attorney later questioned Colombo, asking if there were any other threats being made toward the victim. Colombo responded, “No other threats had been made.”
Colombo confirmed with the defense attorney that when Foster was ordered to the ground upon arrest, he was compliant with the officers. He also confirmed that Foster was approximately 150 yards away from the scene.
Colombo alleged that when the victim left the bathroom defendant Foster called him a “pervert.”
The defense attorney finalized his remarks by saying Foster believes that when he was detained, the flare gun was planted on him by one of the officers.
Colombo testified that he “does not remember” the other officers on the scene or Foster saying he felt like the gun was planted on him.
Judge Steve White ruled that there is sufficient evidence to decide that the defendant is guilty of felony assault and the case will be moving forward to trial.
Zahra Abbas is a 3rd year Political Science major and Film minor at UC Davis. She is from San Jose, California.
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