People v. Palomares CA2/8

STATEMENT OF FACTS

On December 7, 2013, Lorenzo Andrade was working as a security guard at Metro MTA, a bus repair facility at 5425 Van Ness Avenue in the City and County of Los Angeles. He was posted at the guard shack by the entrance of the facility on 54th Street. Visitors are supposed to check in at the guard shack before entering the property. There are signs posted around and outside the property reading “Stop” and “No Trespassing.” At 5:05 p.m., an individual Andrade identified as appellant entered the gate of the facility on a “small girl’s bike” without stopping to check in with Andrade. Andrade shouted for appellant to stop and followed him to the maintenance building, next to Andrade’s guard shack. From behind, Andrade saw appellant grab a power tool that was on top of a tool box and conceal it in the front of his waistband or in his front pocket. As appellant tried to leave the mechanic’s shop, Andrade stopped him and retrieved the power tool from him. Andrade also searched appellant’s pockets and found a pair of pliers and a screwdriver. According to Andrade, those items were not used to break into the MTA garage. After retrieving the power tool from appellant,…