People v. Gomez CA6

BACKGROUND

Late on the night of January 20, 2013, San Jose Police Officer Elizabeth Ornelas was patrolling in her vehicle when she saw a Blue Honda which, according to a records check, had been reported stolen. After another officer arrived to assist her, she “initiated tactical parking” by passing the Honda and stopping her own car. She heard the Honda’s engine “revving” and then felt an impact as the Honda “rammed” her vehicle. Both officers got out of their cars and approached the driver’s side of the Honda. Both identified defendant at the preliminary hearing as the driver. After he ignored instructions to get out of the car, Officer Rodriguez broke the window with his baton. The officers opened the door and pulled defendant out of the vehicle and onto the ground. He refused orders to show his hands and put them behind his back until after Officer Ornelas struck him with her baton. Inside the Honda they found no keys, but there was a screwdriver with which Officer Ornelas was able to shut off and restart the engine. When arrested defendant was wearing a blue hoodie and sporting several tattoos, including a “13,” “M-S-L,” “W-S-S-J,” three dots near the outer corner of his left…