Resisting an Officer by Force or Violence May Include Pointing an Unloaded Firearm at an Officer (69(a)
Ray  Hill
Ray Hill
  • Ref # CAC00152
  • July 19, 2024

Resisting an Officer by Force or Violence May Include Pointing an Unloaded Firearm at an Officer (69(a)

CASE LAW
  • Resisting an Officer by Force or Violence
  • California Penal Code 69(a)

 

RULES

Resisting an Officer by Force or Violence May Include Pointing an Unloaded Firearm at an Officer (69(a) P.C.).   

FACTS

There are seven pages in this case of detailing the events facing a CHP officer and Sonoma County Sheriffs Office deputies back over an extended period of time. For brevity purposes, here is a summary of the key facts:  

A CHP officer was on patrol in eastern Sonoma County near the outskirts of county park. The officer observed two individuals in a confrontation, one (the defendant) holding a knife with the blade pointed upward “in an athletic combative stance”, the other holding a rock. They “appeared to be in a standoff”. The officer parked and exited his vehicle, approached within 8-10 feet of the subjects, drew his duty weapon and ordered them to drop their weapons and get on the ground. The man with the rock complied. Defendant dropped to the ground, but then got up without the knife and walked towards a parked, red Subaru, hands in the air and loudly and repeatedly yelling, “I just want to leave". He disregarded orders to stop.

The solo officer was still dealing with the second individual and was awaiting was awaiting backup. The defendant entered the vehicle ....

Court Case Name
Peo. v. Morgan 1DCA, #A166435 (7/8/2024)
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