People v. Barajas CA4/3

FACTS AND PROCEDURAL BACKGROUND

On March 26, 2012, shortly before 11:00 p.m., Barajas, a member of the Darkside gang, was driving a white Lexus on Sullivan Street in an area claimed by the Sullivan Street gang. His passenger, Maria Garibay, had no previously known ties to Darkside. Santa Ana Police Officer Antonio Graham activated his overhead lights and attempted to stop Barajas for a traffic violation. Barajas accelerated and continued

driving. Graham radioed for backup and followed Barajas into the driveway of a densely populated apartment complex. Barajas drove through the complex, reaching speeds of 30 miles per hour, until he opened the door and jumped out of the moving vehicle. The Lexus ran over a curb and crashed into playground equipment. Graham chased Barajas on foot, repeatedly yelling, “Stop. Police.” Barajas held his waistband as he ran. Ultimately, Barajas raised his hands above his head and said, “Don’t shoot me. I have a gun.” Graham arrested Barajas and found a stolen,

2 loaded .357-caliber revolver tucked in Barajas’s waistband. Barajas sported a large tattoo of “Darkside” on the back of his shaved head.

Garden Grove Detective George Kaiser testified as an…