In re Juan A. CA2/8

FACTS

At around 3:30 in the afternoon, Los Angeles County Deputy Probation Officer Thomas Wilcox was supervising a group of four youths in a restroom at Challenger, a Probation Department camp in Lancaster, when Juan left his bed without permission and walked into the restroom without permission. Deputy Wilcox told Juan to return to his bed. Juan did not comply. Deputy Wilcox told Juan a second time to return to bed. Juan again did not comply. Instead, Juan walked over to and faced a toilet, and either prepared to urinate or did begin to urinate. Deputy Wilcox again ordered Juan to leave the bathroom. At about this same time, Deputy Wilcox “gave [Juan] a left touch prompt on the side” to get him to leave. Juan shrugged his shoulders, turned around, and started to walk out of the bathroom. Deputy Wilcox began walking next to Juan and “didn’t think there was a problem,” but then Juan abruptly turned and punched the deputy on the side of his face with a closed fist. A struggle ensued and continued until Deputy Wilcox subdued Juan with pepper spray.1

1 The facts are reviewed in the light most favorable to the lower court’s judgment. (People v. Kraft (2000) 23 Cal.4th 978,…