Miranda

FACTS AND PROCEDURAL HISTORY

At around 4:00 p.m. on September 23, 2013, Ana Miranda called 911 to report that her son David Miranda, 25, had a gun and was going to kill her or others.1 By the time the police arrived, however, Miranda had left the scene. At around 10:00 p.m. that night, Miranda approached Ruth Reyes, who lived in an adjacent apartment building, and threatened to get his gun and kill her and “kill you all.” Reyes called 911, prompting Los Angeles Police Officers Smith and Franco to come to the scene. As the officers interviewed Reyes they heard Miranda screaming, “Fuck you” and “What the fuck you looking at?” Miranda was more than six feet, six inches tall and weighed more than 300 pounds. He walked quickly toward the officers, saying, “Fuck you cops. You can both suck my dick.” Officer Smith knew Miranda from previous encounters and was aware that Miranda had a history of violence. The officers ordered Miranda to stop and put his hands up. Miranda instead continued to advance on the officers, began flailing his hands, and flung open the apartment building’s gate. When the officers ordered Miranda to get down on the ground, he said, “Fuck you. I’ll kill you both.”…