People v. Beard CA3

Filed 1/15/14 P. v. Beard CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Placer)

THE PEOPLE, C074030

Plaintiff and Respondent, (Super. Ct. No. 62-112567)

v.

MATTHEW CHRISTOPHER BEARD,

Defendant and Appellant.

On March 9, 2012, Placer County Sheriff’s deputies responded to a report of a verbal dispute at the defendant’s trailer. The victim, defendant’s wife, told the deputies that defendant had been drinking alcohol and abused prescription pain killers. She also said defendant threatened to kill her; he was sitting on the bed, holding a large hunting knife and said if she did not leave the trailer he would kill her with the knife or drown her in a puddle. Scared for her life, the victim left the trailer. The deputies approached the trailer and yelled for defendant to come outside (the victim warned the deputies there were knives all over the trailer). When defendant did not respond, the deputies pushed open the already opened door and again asked defendant

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to come outside. This time, defendant said “ ‘fuck you, ’ ” and refused. The deputies received that same response three more times before they entered the trailer, at which point defendant stood up from the bed and said “ ‘get the fuck out of my house.’ ” The deputies advised defendant he was under arrest and he said, “ ‘fuck you.’ ” The deputies then tried to detain defendant. As they reached for him, defendant doubled up his fists. They grabbed his arm and he pulled away, spinning into the corner of the bed. The deputies told defendant to stop resisting or he would be “tased”; defendant’s only response was, “ ‘fuck you, get out of my house.’ ” After wrestling with defendant, the deputies were able to get him into handcuffs but defendant continued to struggle. Outside of the trailer, they put defendant on the ground. Defendant spat on the deputies, kicked them, and tried to bite them. When they were finally able to gain full control of defendant (using a “TMJ Nerve Stimulant” and figure four leg lock), the deputies put a spit sock over his face. As the deputies prepared defendant for transport to jail, defendant intentionally urinated on himself, then laughed about it. When the deputies advised defendant of his Miranda1 rights and asked if he wanted to talk to them, defendant said: “ ‘go fuck yourself.’ ” The deputies put defendant in an uncaged patrol car and he immediately started banging his ahead against the door. The deputies then went inside the trailer and found the hunting knife defendant was holding when he threatened the victim. The blade on the knife was 10 inches long and two inches wide. The handle was five inches long. The deputies moved defendant into a caged patrol car to take him to jail. As they moved him, defendant renewed his efforts to resist the deputies. The deputies first took defendant to the hospital for medical clearance. At the hospital, defendant refused to let