LOS ANGELES, CA – Deputy Public Defender Jaime L. Bourns, at a preliminary hearing Tuesday in Los Angeles County Superior Court, motioned to dismiss her client’s felony charge of resisting an executive officer.
The judge denied the motion, and the matter will move toward trial.
The accused was arrested July 2, 2024, for sitting on a park bench after hours. DPD Bourns noted that many others were in the park at the time and highlighted the excessive force used by the officers during the arrest.
Officer Maribi Hernandez testified the standard procedure is to issue a warning but admitted she chose to arrest the individual after he refused to provide his name when officers attempted to issue a citation.
Officer Hernandez recalled her experience arresting the accused, noting the accused tried to run when she and her partner attempted to arrest him. When the officers caught up to him, Hernandez alleged he began to swing his arms at them.
The accused then attempted to grab at Hernandez’s belt, the officer claimed, but was unsuccessful and eventually handcuffed. After the arrest, the accused refused to give his name and instead provided a fake alias of Robert Johnson.
During cross-examination by DPD Bourns, officer Hernandez disclosed she would usually offer a warning for staying in a park after hours. When asked if she and her partner had approached anyone else in the park at the time, Hernandez admitted they had only approached the accused.
Officer Hernandez explained when the accused would not provide a name for the citation, she and her partner decided it was appropriate to arrest the accused.
During questioning, Deputy Public Defender Bourns asked Hernandez if her partner had “slammed” the accused to the ground while attempting the arrest. Officer Hernandez confirmed her partner had done so.
DPD Bourns then inquired whether the officers made any attempt to pin the accused’s arms while he was on the ground. Officer Hernandez stated that she did not observe the accused’s arm being pinned down during the arrest.
After the cross-examination, DPD Bourns argued in favor of granting her motion, emphasizing that neither officer sustained injuries during the incident.
Bourns also criticized the excessive use of force by the officers, questioning why the accused was specifically targeted, given the number of people present in the park at the time, and why he was handcuffed instead of being issued a warning.
DPD Bourns argued the prosecution has no evidence to prove the accused was reaching for the officer’s belt. She suggested that Officer Hernandez could’ve easily mistaken the accused’s attempts to flail his arms and flee.
Deputy District Attorney Daniel Hardin Linehan said the officers had full right to arrest the accused despite the nature of the crime. He further referenced the accused’s two accounts of robbery in Nevada as substantive support for maintaining the accused’s serious/violent felony conviction charge.
DPD Bourns noted the accused’s previous convictions were from 1999 and 2004 respectively. The accused has made tremendous strides since, enrolling himself in a mental health program and pursuing a higher education in a local college.
Ultimately Judge Cathryn F. Brougham denied the defense motion. citing the prosecution’s arguments concerning the right of the officers to arrest the accused.
Judge Brougham further contended the accused, regardless of his intention, recklessly endangered the lives of the officers when (allegedly) reaching for Hernandez’s belt and resisting arrest.
