People v. Aviles CA2/5

FACTS AND PROCEDURAL BACKGROUND

I. Facts

In the early afternoon of March 19, 2018, Los Angeles Sheriff’s Deputy Juan Cruz (Deputy Cruz) was overseeing a “module” of inmates within the Men’s Central Jail in downtown Los Angeles. Defendant and another inmate were standing outside of their cells at a time when they were not supposed to be. Because part of Deputy Cruz’s job was to “rehouse” such inmates back into their cells, Deputy Cruz verbally asked defendant and the other inmate to return to their cells. The other inmate complied, but defendant did not. Deputy Cruz asked defendant another five or six times to return to his cell, but defendant did not comply. After radioing another custodial officer for assistance, Deputy Cruz calmly approached defendant and asked him again

All further statutory references are to the Penal Code unless otherwise indicated.

2 to return to his cell. Defendant again refused, and said he was getting a haircut; this was not a permissible reason. Deputy Cruz asked defendant to comply again, and explained that he would have to place defendant in handcuffs and escort him to his cell if defendant did not comply. Again, defendant refused to…