People v. McClelland CA2/2

FACTS

On April 8, 2013, at approximately 4:20 p.m., Jonathan Michael Arnoldi and his girlfriend Constance Hall, were returning to their home when they saw appellant enter their residence through a side window. Arnoldi called 911 and reported a burglary. Los Angeles Police Department Sergeant Michael Henderson responded to the burglary call. Sergeant Henderson was on duty and was dressed in full uniform. Arnoldi waved Sergeant Henderson down and told him that appellant was a “very violent person” and he was “scared to death of him.” Arnoldi pointed to his residence and Sergeant Henderson saw appellant pacing back and forth in the front yard. Sergeant Henderson approached appellant and ordered him to get down on his knees. Appellant initially complied but then became agitated and said, “Fuck you. You’re not really the police. I am not doing anything you tell me to do.” Appellant adopted a fighting stance and advanced towards Sergeant Henderson. Sergeant Henderson used his Taser but it seemed to have no effect on appellant. Appellant continued to advance “swinging wildly” and connected with a blow to the side of Sergeant Henderson’s head. Appellant attempted to leave and Sergeant…