People v. Sanchez CA1/1

BACKGROUND

We set forth only those facts pertinent to the appeal. At about 12:00 p.m. on January 1, 2013, Vanessa Zielke, who was walking in Aquatic Park, saw a man carrying either a real or replica gun in the waistband of his pants. She believed it was a gun based on the shape and the black parts visible from outside his clothing. Zielke did not see the gun handle or bullets. Nor did she see the man brandish the weapon at anyone. After putting some distance between herself and the individual, she called 911, reported what 1 All further undesignated statutory references are to the Penal Code.

1 she had seen, and described the person as “Hispanic or Filipino,” wearing a white hat and a gray hoody. She provided both her name and telephone number to the 911 operator and then left the scene out of fear. Later that evening, she provided an oral statement to the police. San Francisco Police Sergeant Ron Liberta received the 911 dispatch from the Zielke call, but was unable to respond. About 30 minutes later, around 12:36 p.m., Mike Summerhill saw a man loading and cocking a gun, and called 911. Sergeant Liberta also received this second 911 dispatch, which described “a Latin male with…