People v. Rapada CA1/1

I.

BACKGROUND

On July 4, 2011, officers Michael Brennan and Joe Valiente were patrolling San Bruno in a marked police vehicle. They saw and heard an explosion, which they believed was caused by an illegal firework thrown from a group standing in front of an apartment complex on East Avenue. As the officers slowed to investigate, an object with a lighted fuse was thrown at the officers’ vehicle and exploded near or under it. No damage was done to the vehicle.

1 The other three family members, Crystal, Ervin, and Ephraim, shared Wendell’s last name, and for purposes of clarity we will refer to them by their first names. We will refer to the four collectively as the defendants.

1 Wendell ran from the group toward the apartment stairwell. The officers pursued him, believing he had thrown the explosive. On the second floor landing, Wendell stopped and turned around with his fist clenched. After Brennan grabbed Wendell’s shirt, Wendell punched him in the face. Danielle Matos, a witness, testified that the officer threw Wendell to the ground and choked him. Brennan testified that he had no recollection of putting Wendell in a choke hold. During the struggle, some of Wendell’s family…