In re V.M. CA3

Filed 1/13/15 In re V.M. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Sacramento) ----

In re V. M. et al., Persons Coming Under the Juvenile C076238 Court Law.

THE PEOPLE, (Super. Ct. Nos. JV135373, JV135375 ) Plaintiff and Respondent,

v.

V. M. et al.,

Defendants and Appellants.

Minors 14-year-old V. M. (V.) and his sister 16-year-old T. M. (T.) appeal from a judgment of juvenile wardship and placement on six months’ probation following the trial court’s true findings that they deterred and resisted executive officers in the performance of their duties. (A felony for V. and a misdemeanor for T.) The facts behind the true findings were as follows: Just before midnight on July 19, 2013, Sergeant William Ivey of the Cal Expo Police Department saw four or five

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boys fighting behind the main entrance gate to the state fair. Sergeant Ivey told the boys they needed to leave the fair and started escorting them out toward the front gate. As the sergeant was escorting the boys out, another group of teenagers, who appeared to be friends with the fighting boys, joined up with them, and they all were now being escorted out of the fair together by Sergeant Ivey. There was a total of 18 to 20 teenagers in the crowd now (including V. and T.). Sergeant Ivey asked Elk Grove Police Officers Terry Cooley and Daniel Templeton and Cal Expo Police Officer Laura Hom, who were working at the fair on bicycles, to help him escort all the teenagers out. As they were escorting the teenagers out, V. all of a sudden stopped and refused to move any further.1 Officer Cooley told V., “ ‘Keep moving. You need to walk down to the sidewalk.’ ” V., who was within arms’ reach of Officer Cooley, came toward the officer with his arms toward the officer. V. went over Cooley’s bicycle handle bars and grabbed the officer around his waist, near his firearm and Taser. Using his elbow, Officer Cooley jabbed V. in the back three times to get V. to release his grip. Officer Templeton rushed over to help Officer Cooley and grabbed hold of V.’s left hand, which was near Templeton’s firearm, and brought him to the ground. V. was handcuffed and then said, “ ‘I’m sorry. I give up.’ ” Seeing what was going on between the officers and V., his sister T. “started going toward Officer Templeton and his group,” “screaming, ‘Get off my brother.’ ”2 Officer Hom pushed her bike forward, attempting to block T. from going forward. T. went around the bike, and Officer Hom tackled her to the ground. As Hom was tackling T., T.