In re Mara M. CA4/1

FACTS

Kenneth Johnson, a loss prevention officer working at a Vons in San Diego,

observed appellant and a girlfriend enter the store and walk directly towards the beer

aisle. He saw appellant, who appeared underage, pick up a 30-pack of beer, leave the

beer aisle, and exit the store without paying for the beer. Johnson called his partner,

David Bolerjack, advised him of the exact exit appellant had used, and then contacted

appellant. Appellant's actions before she exited were captured on videotape.

Outside the store, Johnson, who was dressed in jeans, a baseball cap and a polo

shirt, stood in front of appellant, identified himself as a loss prevention officer, showed

appellant the badge he wore on a lanyard around his neck and inquired about the beer. In

response, appellant stated she had purchased the beer. But when asked for a receipt,

appellant threw the beer at Johnson, hitting him.

Johnson then attempted to handcuff appellant. Appellant was angry, using foul

language, and stating she was on probation and was not "going back to juvy." Johnson

informed her she was being detained for shoplifting and urged her to remain calm.

Johnson thought he had appellant…