Hinojosa v. Superior Court

Opinion

BROWN (Gerald), P. J.

Petitioners Thomas Hinojosa, Christopher Everett Rodriguez, Henry Hector Rodriguez and Phillip Clemente seek a writ of mandate or prohibition to compel the respondent Superior Court of San Diego County to set aside its order denying discovery of various police records.

On August 10, 1975, at about 1:15 a.m., police responded to Pedro Espinoza’s complaint of loud music being played in a building about half a block from his home. Upon arrival of the police the loud music was turned down, but was renewed shortly after they left. Espinoza summoned the police again at about 3:30 a.m.

Officers Jackson and Weber arrived at the scene. Jackson testified he contacted Hinojosa outside the building and asked him to turn down the

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music. Hinojosa walked into the building without answering. Jackson followed him inside and repeated his request. Hinojosa turned and pushed Jackson backward toward the door. Jackson told Hinojosa he would be arrested if he used force again. Hinojosa reacted by pushing Jackson harder and saying, “Fuck you. I’ll kick your ass.” Jackson then arrested him for battery on a police officer and attempted to put handcuffs on him. Hinojosa began struggling, and about 15 friends, led by Christopher Rodriguez, came to his aid. Jackson got up to face them, and Officer Weber tried to take control of Hinojosa, as Jackson was engulfed and manhandled by the crowd.

Officer Weber testified Sergeant Balliett then entered the room and tried unsuccessfully to calm the crowd. Henry and Christopher Rodriguez, Phillip Clemente, and others, wrested Hinojosa from Officer Weber’s grasp. Sergeant Balliett called for “cover” and reinforcements arrived five to six minutes later. Hinojosa was later apprehended outside the building by Weber and Balliett.

All defendants were charged by information with battery upon a peace officer (Pen. Code, §§ 242 and 243) and all except Hinojosa were charged with lynching (Pen. Code, § 405a) and rescue (Pen. Code, § 4550). Hinojosa and Christopher Rodriguez were charged with disturbing the peace (Pen. Code, § 415) and riot (Pen. Code, § 404). Lastly, Hinojosa was charged with resisting an officer (Pen. Code, § 148) and Christopher Rodriguez was charged with advocacy to kill or injure a peace officer (Pen. Code, § 151). Each offense took place within the building when only Officers Weber, Jackson and Sergeant Balliett were present.