Reader Comment Furthers Our Discussion of 69 P.C., Threats, Resistance, Flight, and Officer Injury

From the Classroom  
By Ray Hill  
Professor Emeritus, Santa Rosa Junior College 

Threat Offenses (69 P.C.) – A Follow-Up Case 

After our recently published article “Timely Issue – A Review of Threat Offenses Against Public Officers, Employees, and Elected Officials” (1/14/24 – LU Ref. #CAB00231), we received this relevant comment from Corporal William Boehm, from the Vacaville Police Department: 

“I seem to recall a 69 P.C. case out of a Southern California agency that was detailed under a previous incarnation of Mr. Phillips’ updates. The case involved an officer that was injured by a suspect resisting with physical force, but not as a direct result of assault/battery. If I remember correctly, the officer was injured trying to either prevent (a) suspect escape, or in the process of attempting to apprehend the suspect as he fled (or tried to). Since then, I have worked under the premise that a 148 P.C. is more of either passive resistance/delay, or simple flight, and that resistance with force (even if not specifically assault) qualifies as 69 P.C. When I pull up the jury instructions for 69PC it seems to affirm this.”  

Subsequent research found Peo. v. Bernal (2013) 22 Cal. App. 4th 672:  

Two Escondido bicycle officers were on patrol in a curfew-closed, flood-control channel. The area was claimed by the “Diablos” street gang and was subject to a gang injunction. Officers observed a trio of individuals and upon their approach, one subject took a steak knife from his waistband and dropped it on the ground. The knife was retrieved and this subject was handcuffed. An officer then frisked the defendant, Bernal, and discovered an axe in his waistband. The axe was retrieved and removed from grabbing distance. When the officer attempted to apply handcuffs, Bernal rolled back on the balls of his feet and started to run away. The officer grabbed him with both hands around the waist as Bernal continued to run down a bike path. Several times, the defendant forcefully “jerked left to right” to shake off the officer. Bernal dragged the officer 8-10 yards before both fell to the ground and Bernal was handcuffed. The officer was wearing shorts and sustained bruises and abrasions on ....

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