People v. Gonzalez CA4/3

FACTS AND PROCEDURAL BACKGROUND

On September 13, 2013, Santa Ana Police Officers Luis Galeana and Gil Hernandez spotted Gonzalez walking down Bristol Street. Gonzalez made eye contact with the officers, grabbed his waistband, and ran. The officers pursued Gonzalez because Galeana suspected Gonzalez had a weapon in his waistband. Gonzalez scaled a fence and tossed something aside. Galeana, pursuing on foot, caught up with Gonzalez and ordered him to lie down on his stomach, but Gonzalez punched and kicked Galeana. He then fled, jumping over another fence and discarding a dagger. Gonzalez made his way into Maria B.’s home through an unlocked sliding glass door. Maria lived with her husband, two children (Fabian B., age 11, and Julianna B., age 4), her mother and father (Beatriz A. and Enrique A.), and a cousin (Victor C., age 19). Maria first noticed Gonzalez as she huddled by her front door with Fabian, Julianna, and Beatriz after Fabian screamed there was a man inside the house. Maria felt afraid because Gonzalez, who was on his hands and knees and breathing hard, looked like

2 a gang member based on his baggy clothes and shaved head. Fabian tried to open the door to flee, but…