People v. Pinski CA4/3

FACTS

A. Prosecution Evidence. About 6:00 p.m., on July 15, 2013, Regaul Karim was working at a 7- Eleven in Anaheim, when he saw defendant take a burrito and a sandwich and place them under his black jacket. Karim believed defendant was stealing these items. Karim followed defendant and also saw him take a cake from another aisle and place it under his clothing. Karim confronted defendant, stuck out his hand and said, “Whatever you take, just give it to me.” Defendant then struck Karim in the face, dropped the cake and ran out of the store.

2 A 60-second surveillance video captured the confrontation between Karim and defendant, and what happened after the confrontation, but not what happened before the confrontation. A few minutes later, Officer Staci Dietz spotted defendant at an intersection about two miles away from the 7-Eleven. Dietz pulled her patrol car up directly in front of defendant, got out of her car and pointed her weapon at him. Defendant dropped a bag he was carrying and ran across the street. Dietz gave chase. Defendant ran through a church parking lot, hopped two fences and into an apartment complex. Dietz then stopped for safety and called for backup. A short…