People v. Soria CA1/3

Background Around 10:00 p.m. on the evening of June 24, 2012, defendant was walking on the street beside Dario Franco, who was riding a bicycle, near Princeton and A Streets in Hayward. Police Officer Jacqueline Meehleib, patrolling in a marked patrol car, observed that Franco’s bicycle had no bike light, a violation of the Vehicle Code, and activated her

1 All statutory references are to the Penal Code.

1 lights and siren and told Franco to stop. When the officer got out of the police car, Franco met her with profanity, refused to show her his hands as she directed, ultimately threw a padlock at her and was then hit by a taser fired by the officer. Franco screamed in pain; defendant disregarded Meehleib’s order to stay back and pulled the taser probes from Franco’s body. Franco then rose from the ground and attacked Meehleib, who fell to the ground where Franco continued to punch and kick her. When Meehleib believed that Franco was reaching for her firearm, she shot him in the leg. Backup arrived at the scene and Franco was taken into custody. There is no dispute in the evidence as to these abbreviated facts. The evidence is less clear as to defendant’s actions while Franco was…