People v. Dalton CA2/6

Facts and Procedural History On December 5, 2017, appellant, a California Highway Patrol officer for 11 years, was off duty and spent the day drinking alcohol. He purchased a 30 pack of beer and drank seven or eight beers. He also stopped at two restaurants and had a few more drinks. At one of the restaurants, he struck up a conversation with a man whose father was purportedly a member of the Hells Angels Motorcycle Club. Appellant, who was struggling with post-traumatic stress disorder (PTSD), major depressive disorder, paranoia, and a hypervigilant mindset, thought the man might be “watching” him. Later that night, appellant decided to ride his bicycle to a neighbor’s house, a former member of the Hells Angels. He brought with him a few beers and his firearm. Around midnight, Sorin Popescu was preparing to evacuate his family due to the Thomas Fire, which had caused a blackout in the neighborhood. When Popescu saw appellant, dressed all in black, standing near his neighbor’s front door, he became

2 suspicious. Popescu did not know appellant and thought he might be a burglar. After a brief altercation with Popescu, appellant rode away on his bicycle. Minutes later, Popescu heard…