People v. Simmons CA4/2

I. INTRODUCTION

Defendant and appellant, Thaddus Cornell Simmons, a parolee, was sitting in a

park when Ontario Police Officer Michael Gonzales approached him to conduct a parole

search. When Officer Gonzales learned that there was an outstanding “parolee at large”

warrant for defendant, he called for backup to help arrest defendant. In the meantime, the

officer and defendant became embroiled in a violent, physical altercation that involved

the use of the officer’s Taser and baton. After Officer Nicolas Larraga arrived, defendant

was subdued.

Defendant was charged under Penal Code section 69 with two counts of resisting

an executive officer. Defendant asserted the arrest was unlawful and that the officers

used excessive force. To support this defense, defendant filed a so-called Pitchess1

motion to discover information pertaining to the arresting officers. The court denied the

motion without making an in camera inspection of any requested material.

A jury convicted defendant of the count of resisting Officer Gonzales and

acquitted him of the count as to the second officer. In a bifurcated bench trial, the court

found true certain sentence enhancement allegations.…