People v. Schwartz CA4/2

FACTS

Defendant was born in November 1953; he is currently 70 years old.

A. DEFENDANT’S CRIMES

1. ASSAULT

In December 1989, defendant “brandished a .22 caliber rifle” at four people and

then chased the group in his car. Deputies conducted a traffic stop and advised

defendant to raise his hands. Defendant “refused to comply and started walking towards

[the deputies], waving his hands wildly.” When the deputies tried to arrest defendant,

defendant kicked both deputies, shoved one of the deputies, and continued struggling

while in handcuffs. Defendant was convicted “for resisting arrest and assault with a

deadly weapon, along with assault on a police officer.” Defendant was granted

months of probation with the condition he serve 180 days in jail.

1 All subsequent statutory references will be to the Penal Code unless otherwise indicated.

2 2. ATTEMPTED VOLUNTARY MANSLAUGHTER

In December 1991, San Bernardino Police Officers Johnson and Garcia were on

patrol when they were dispatched to a domestic violence call at defendant’s apartment.

It was alleged that defendant was the aggressor and had access to firearms. The officers

entered the apartment and asked…