People v. Mayberry CA2/8

FACTS

A number of Los Angeles County Sheriff’s Deputies, including Victor Locklin and Ricardo Duarte, were in plain clothes at the Willow Blue Line Station in Long Beach on March 12, 2014, checking fares as passengers exited the train. Deputy Locklin did not interact with the passengers, but served as backup to the other officers. Fare security assistants also checked fares. A video of the incident showed Deputy Anaya interacting with Mayberry. In it, Mayberry handed his access card or transit access pass (TAP) to Deputy Anaya, who put the card to his electronic TAP reader. Deputy Locklin noticed Mayberry and Deputy Anaya after Mayberry became upset, shouted profanities, and stated he was tired of always being harassed by the police. Deputy Locklin also heard Mayberry offer to pay the fare when Deputy Anaya told him he did not have a valid fare. Mayberry became louder and more upset when Deputy Anaya asked him for identification so as to issue him a citation. Mayberry said his identification was in one of his bags and pointed to it. Deputy Locklin then offered to get Mayberry’s identification for him in an attempt to calm him down. When Deputy Locklin reached for the bag,…