The People v. Vasquez CA5

FACTS

Sworn, uniformed peace officers are on duty at Coalinga State Hospital. About 3:40 p.m. on July 11, 2010, Officers Ibarra and Luna saw defendant, a civil detainee at the hospital, vandalizing window tint. Directed by their sergeant to stop defendant, whom there was probable cause to arrest, Ibarra and Luna walked toward defendant. Upon seeing them, defendant went upstairs into his assigned housing unit. Ibarra, Luna, and Officer Diaz went upstairs and contacted Julio Lopez, a psychiatric technician who was in charge of the housing unit that shift. Ibarra discovered defendant about 10 or 11 feet away, walking toward them. He had a brown bag tucked underneath his right arm. Ibarra made eye contact with defendant and said he needed to talk to him. Defendant replied that he did not want to talk to Ibarra. Ibarra insisted, but defendant continued to refuse. Defendant walked past Ibarra, who told him, “Vasquez, you need to stop, you are detained.” Defendant said no, he did not want to talk, and continued to walk away. Ibarra continued to tell defendant to stop, that he was detained and not free to go, but defendant continued to insist that he did not want to talk. Lopez tried to…