People v. Smith CA2/5

FACTS AND PROCEDURAL BACKGROUND

I. Facts

Just after 6 a.m. on the morning of July 27, 2023, defendant was released from Santa Monica jail and told he could retrieve his property from the Santa Monica Police Department’s property room. At that early hour, the Department was not yet open. Around 6:30 a.m., defendant started banging on the Department’s glass front door with his hand wrapped in clothing. Two officers grabbing a morning coffee approached defendant, explained that the property room would not open until 8 a.m., and urged him to be patient. He responded by calling them “‘faggots,’” “hurl[ing] profanity,” and “threaten[ing] to . . . smash more property.” One of the officers cautioned defendant against doing so, warning him it might result in him going to jail. After the officers left, defendant continued screaming and cussing. Just before 7 a.m., he picked up a “chunk of concrete” from a nearby damaged wall and threw it at the glass door. The door shattered. When officers came out to investigate, they found

2 defendant standing with his arms out in front of him, wrists together, in a position ready to be handcuffed. The entire incident was recorded on video. The…