People v. Masiel CA4/2

FACTS AND PROCEDURAL HISTORY

Deputy James King of the Riverside County Sheriff’s Department conducted a

traffic stop on a vehicle that defendant was driving. Defendant pulled into a driveway,

got out of the car, and ran away. Deputy King gave chase into the backyard of a

residence, over a fence, into another yard, and then between houses. Defendant slipped

and fell during the chase. Deputy King tried to hold defendant down with his knee and to

secure defendant’s arms, but defendant rolled away and stood up again. As Deputy King

tried to get control of defendant’s hands, defendant shoved the deputy into the wall of a

house. Deputy King recovered his balance and pushed defendant back toward the side

yard. Defendant slipped out of his jacket as he continued to struggle with Deputy King,

and ran away through the side yard toward the front of the house and the street.

As defendant ran away, Deputy King saw him reach toward his waistband.

Deputy King drew his weapon, ordered defendant to stop and to show his hands, and

threatened to shoot. Defendant continued running across the street; Deputy King

holstered his gun and resumed the foot chase. Deputy King caught up to…