People v. Hawkins CA1/4

I. BACKGROUND

In 2009, the victim of the theft, then approximately 84 years old, withdrew $200 from a bank, put the money in her wallet, and returned to the basement parking lot where her car was parked. She opened the door of her car and began to sit down, the wallet still in her hand. Suddenly, she realized someone had taken her wallet from her hand. She screamed, turned, and saw a man running toward the stairs. She followed him. At the bottom of the stairs, she looked up and saw a man she later identified as defendant. The man had distinctive red hair, apparently dyed. A bystander told her defendant then ran off. The victim called 911 and reported the crime. A police officer saw defendant on a Muni train and saw that he matched the description of the thief. He stopped the train; defendant made eye contact with him and then left the train. The officer identified himself and told defendant to stop. Defendant said something like, “No, man, I’m not stopping.” The officer chased him and pinned him against the fence with the aid of other officers who had arrived. When they caught him, his arms were making a throwing motion. Defendant flailed his arms and tried to step away. It…