People v. Van Eck CA2/3

Filed 1/20/22 P. v. Van Eck CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, B312030

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA122021) v.

BRYAN JAMES VAN ECK,

Defendant and Appellant.

APPEAL from an order and judgment of the Superior Court of Los Angeles County, Victor D. Martinez, Judge. Affirmed. William Paul Melcher, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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Appellant Bryan James Van Eck appeals from the trial court’s order revoking his probation. We affirm the order and the judgment. FACTUAL AND PROCEDURAL BACKGROUND1 1. The September 13 incident On September 13, 2019, West Covina Police Department Officer Christopher Quezada was on patrol, wearing a full police uniform and driving a marked patrol vehicle. At approximately 1:30 a.m., Quezada observed Van Eck punching a light post at a West Covina street corner. Quezada pulled his patrol car over and stopped it to investigate whether Van Eck was under the influence of a narcotic. Van Eck yelled, “ ‘Fuck you, faggot’ ” and “ ‘Fuck you. I’ll fuck you up,’ ” and swung his arms at the officer. Quezada saw that Van Eck was holding a bright gold-colored dagger. Van Eck became agitated, assumed a fighting stance, and stated he would kill anyone who got near him if they tried to take the dagger away. Quezada exited his patrol car and asked Van Eck to drop the dagger. Van Eck continued to curse. He stated that it was a religious dagger and reiterated that he would kill anyone who came near him. Concerned for people who were present at a nearby gas station, Quezada drew his firearm and again ordered Van Eck to drop the dagger, several times. When a second patrol car arrived, Van Eck complied. He continued yelling obscenities as he was taken into custody.