In re C.D.

San Pablo Police Officer Niemi determined that an Acura parked on the street was stolen. C.D. pulled the Acura into the street. Niemi followed. Officers Hearn and Dimercurio arrived. The three activated the lights of their patrol cars. Hearn pointed his gun at C.D. and shouted commands. C.D. stepped on the gas pedal and drove the Acura through the gap between Hearn’s patrol car and another car. Niemi saw the Acura strike the door of Hearn’s car as Hearn “pushed himself up against the frame ... as the driver door closed on his body.” Hearn fired several shots. The Acura hit a fence. A shot hit C.D, who lost an eye. Hearn was not injured and no documented repairs were made to his patrol car. The district attorney filed a juvenile court petition, alleging assault with a deadly weapon upon a peace officer; assault upon a peace officer by means of force likely to produce great bodily injury; and taking or driving a vehicle without the owner’s permission. The trial court found all three counts true. The court of appeal held that one count must be reversed because Penal Code 245(c), describes a single offense that can be committed two separate ways. The evidence was sufficient to support one true finding of assault under section 245(c). The trial court properly denied C.D.’s motion to disclose police personnel records. View "In re C.D." on Justia Law