People v. Hoffman CA2/6

FACTS

The July 19th Arrest On the morning of July 19, 2013, Paul Nelson was walking his dogs near the Morro Shores Mobile Home Park when he heard Hoffman yell, "I'll kill that dog." Nelson responded, "I couldn't let you hurt my dog." Hoffman threw a beer bottle towards Nelson's head. Nelson contacted Sheriff Deputy Eduardo Castaneda. Nelson told Castaneda that Hoffman "was acting crazy" and he was in a "brushy area" near the mobile home park. No camping is allowed in this area and the park had periodically posted no trespassing signs. Castaneda testified he saw an aluminum can and a "big glass" bottle "fly out" toward Nelson. He asked Nelson to wait by the patrol car so that he could "attempt to contact" Hoffman who was inside "this brushy tree area." Castaneda located Hoffman who was "unsteady on his feet." Hoffman was "slurring his speech," and Castaneda smelled "a strong odor of alcohol." Castaneda attempted to arrest Hoffman "for being intoxicated in public." He asked Hoffman to get down on his knees. Hoffman refused. Castaneda pulled a Taser from his holster. Hoffman started to "go down to his knees" and Castaneda was able to handcuff him. They walked toward…