In re Elaine Q. CA2/25

FACTS

On June 23, 2011, Los Angeles County Sheriff’s Deputy Robert Finchum responded to a call about an assault with a baseball bat. When he and two other deputies arrived at the location, he found appellant, a woman named “Andrea” and a man together in a room off the garage. All three were agitated; they were yelling and screaming. Deputy Finchum asked appellant to leave the room and speak with him. He wanted to interview the three individuals separately. Appellant went outside with Deputy Finchum. There, she began to cry. Andrea yelled from inside the room, “Just let them talk to you.” Appellant began walking back toward the room with her fist clenched. Deputy Finchum ordered her to stop three times, but appellant kept walking. As appellant reached the doorway to the room, she said, “I’ll take on all you guys.” Deputy Finchum grabbed her arm to prevent her from going inside. The deputy’s partner was inside the room trying to get the suspect out, and Deputy Finchum was concerned for everyone’s safety. Appellant turned and said to Deputy Finchum, “Fuck you.” She started to swing her right hand, which was clenched in a fist, toward the deputy’s face. He moved out of the way,…