People v. Felix CA4/1

I.

BACKGROUND

A. Facts Officer Jason Sargent was off duty when he drove his assigned police truck to a convenience store one night. The truck contained a lockbox in which two firearms were stored. After completing his purchase, Sargent got back into the truck and began to drive away. He heard a bang on the passenger side of the truck and stopped. Felix opened the passenger door, entered the truck, and told Sargent he was not safe and needed to drive. Sargent drew his firearm and ordered Felix to get out of the truck. After Felix complied, Sargent exited the truck, ordered Felix to get on the ground, and tried to get his phone out to call 911. As Sargent went around the back of the truck, Felix went around the front, got into the driver’s seat, and began to drive off. Sargent caught up to the truck and tried to stop it, but Felix accelerated and drove off. Sargent did not give Felix permission to drive the truck and reported the incident to the sheriff’s department. About three hours later, a customer waiting in the drive-through lane at a fast food restaurant spotted Sargent’s truck in the parking lot. The red and blue lights atop the truck were flashing, all the doors were…