People v. Smith CA6

I. Statement of Facts

A. Prosecution Case On August 23, 2012, a man who identified himself as Jorge called 911 and stated that he lived at the Northridge Park Apartments. He reported that he had seen “a guy like . . . yelling and everything and screaming, and he was like . . . [¶] calling out” at the apartment complex “two, three minutes ago.” The man had been “just staring” at Jorge and he had a big knife, which Jorge described as “like a Rambo-type thing.” The man carried the knife “like kind of, telling me, ‘Oh, I got a knife, so don’t mess with me.’ But without saying any of that.” Jorge did not want the man to think that he had called the police. Jorge described the man as “a mix, like Hispanic or black, like somewhere in there” and he was wearing pants that were “like one-piece. But it goes all the way up.” Jorge also stated that the man was wearing a faded black sweater and blue jeans. The man was “kind of bald” and had “cornrows” or “dreadlocks on the back.” The man was “calling a name out,” and Jorge was concerned about children in the area. The operator told Jorge that two officers were already en route to the apartment complex. Officer Gavin McVeigh, who was wearing…