People v. Franco CA5

FACTS AND PROCEDURAL HISTORY

Visalia Police Officer Dirk Alfano was on patrol with his partner, Officer Adam Collins, on May 25, 2012. As they drove south on Burke Street, Alfano spotted Franco, whom he recognized, driving north. He made eye contact with Franco. Alfano believed Franco’s license was suspended and knew he was on probation, so he asked Collins (who was driving) to turn around and follow Franco. Collins made a U-turn and turned on the police car’s flashing lights. According to Alfano’s trial testimony, Franco “began to speed up” as the police car turned. Franco then “made a hurried turn” onto Laurel Avenue. By the time the officers followed onto Laurel, Franco’s car was parked in front of the home of Franco’s passenger, Antonio Velasquez. Franco and Velasquez were getting out of the car. As Alfano got out of the police car, Franco headed for the front door of the house “in a hurried manner.” Alfano ordered Franco to stop. Franco complied. Velasquez, however, disobeyed an order to stop, according to Collins’s testimony, and started to jog into the back yard. As Collins followed, he heard a thud that sounded like something hitting the roof. Velasquez submitted to…