Sep 162010

A Fresno man has confessed to police that he shot at a man suspected of tying to steal marijuana plants from his home, according to search warrant documents made public Wednesday.

“I got robbed … I shoot,” Phayvanh Dydouangphan said in broken English to a police officer who responded to the shooting at his home near Roeding Park on Sept. 8.

Stanley Wallace, 40, of Caruthers was fatally shot, the Fresno Bee reports. Dydouangphan, 47, pleaded not guilty to a charge of murder Wednesday in Fresno County Superior Court.

Judge Ralph Nunes set a pre-preliminary hearing for Monday and a preliminary hearing for Sept. 27. Dydouangphan is being held in the downtown Fresno jail without bail.

Police said Wallace was inside a red Ford F-150 pickup that was driven away from from a home on the 900 block of West Belmont Avenue where the marijuana was being growing for medical use. City workers found the wounded Wallace at Roeding Park and notified police.

After the shooting, police sought a warrant to search the pickup and a home at 919 W. Belmont Ave. An affidavit in support of the search warrant said Dydouangphan led police to his bedroom, where a shotgun was seized as evidence. Police also seized a cell phone and bloody baseball cap from the pickup, and a pellet rifle, expended shotgun shells and marijuana from the Belmont Avenue home.

Police said Dydouangphan was awakened about 6:30 a.m. Sept. 8 by his barking dogs and saw five people in the garden. He fired a shotgun at them, and the five tried to flee.

Dydouangphan fired a second shot, which hit Wallace in the head, police said. The driver of the pickup drove into Roeding Park and sought help. The affidavit by detective Paul Cervantes said Wallace suffered from several gunshot wounds to his head and face. He died Friday.

According to Cervantes’ affidavit, Wallace was in the right front passenger seat of the pickup. The detective noted blood on the dashboard, floorboard and the passenger seat, and that “the right front passenger’s window was shattered.”

He also said the front windshield was broken “from what appeared to be a projectile of some sort.”

Fresno Police Chief Jerry Dyer has said officers do not believe the shooting was justified. Dyer said the operators of the Belmont Avenue garden were a four-person collective who are medical marijuana patients.

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