People v. Sanchez CA2/2

I. Facts

A. The encounter and arrest On the evening of March 18, 2021, defendant, his girlfriend, and her baby were standing next to defendant’s car on the street. Los Angeles Police Department (LAPD) Officer Kenny Pintado was driving a patrol car; also in the car were his partner, LAPD Officer Arnold Nerio, and Probation Officer Kenneth Huang. The police officers recognized defendant from prior interactions. Officer Pintado pulled the patrol car to within a few feet of defendant, and both police officers engaged him in conversation while they remained seated in the patrol car. As the conversation progressed, defendant “got nervous,” “started stuttering” “slightly,” and then started “looking side to side” while “backing away from [the police] vehicle.” When Officer Pintado asked defendant to “lift up [his] shirt,” defendant refused, announced he did not have a weapon on him, backed away further and then grabbed his waistband. Officer Pintado then asked if defendant was going to make the officers get out of the car; defendant responded, “Yes,” and took off running down the street.

2 While fleeing, defendant tripped, fell to the ground, and got back up to run; when…