In re Francisco D. CA6

FACTS

Pedro H. owned a 1995 Honda Accord. At approximately 10:30 p.m. on January 9, 2014, Pedro and his girlfriend were in her car in front of Pedro’s house on David Avenue in San José. They were about 10 to 15 feet away from Pedro’s parked car. Pedro heard a noise similar to when a car is locked and observed a male sitting in the driver’s seat of the Honda. Pedro approached the passenger’s side of his car and asked the male what he was doing or looking for; the male then ran away. At that time, Pedro noticed a second person standing outside of the Honda, who also ran away. He asked his girlfriend to call the police. Pedro believed the male was trying to start his car. Pedro had observed the male’s hands by the ignition area and later determined the ignition area had been damaged. Pedro saw the male’s face from approximately seven feet away, and he described the person as having skin color like his own, no hair, and wearing a black jacket and dark jeans. He gave that description to the police when they responded. Several hours later, between 2:00 and 3:00 a.m., Campbell Police Officer Andre Ribeiro drove Pedro to the police station. When they arrived, the minor was presented…