People v. Karjala CA3

BACKGROUND

Defendant was charged with attempted murder of a peace officer (Pen. Code, § 217.1, subd. (b)),1 resisting an executive officer (§ 69), and assault with a deadly weapon upon a peace officer (§ 245, subd. (c)), with the enhancement as to the first two counts that he used a deadly and dangerous weapon during their commission (§ 12022, subd. (b)(1)). It also was alleged that he had suffered a prior serious felony conviction (§ 667, subds. (a)(1), (b)-(i)). At a court trial, Tehama County Sheriff’s Captain David Kain testified regarding a prior arrest of defendant on April 4, 2013. Defendant was driving a van and, when Captain Kain turned on his siren, defendant drove evasively, eventually skidding to a stop and fleeing on foot. Captain Kain grabbed defendant’s shirt as he was climbing a fence, at which point defendant tried to struggle free and hit Captain Kain’s arm “in an effort to get [Captain Kain] to break [his] grip.” After being pulled back over the fence, it took several officers to handcuff defendant as he struggled to get free. Officer Chad Barnes testified to executing a traffic stop of defendant at dusk on April 27, 2013, for speeding. Defendant initially…