In re Gregory H.
The juvenile court sustained a one-count petition alleging the minor Gregory H. had resisted, obstructed, and delayed a peace officer within the meaning of Penal Code section 148, subdivision (a)(1), a misdemeanor. According to the evidence at the jurisdiction hearing, on the night of January 10, 2009, between 50 and 100 police officers from various departments were called to the scene of a large melee occurring in front of a movie theater inside a shopping mall. Uniformed officer Jimmy Sola positioned himself at the top of the escalator outside the movie theater to ensure that no one attempted to enter the theater. As people came up the escalator to reach the theater, Sola and other officers directed them to take the escalator back down to the floor below, where they would leave the mall. The minor rode the escalator up to the movie theater, but twice refused to return to the floor below, each time telling Sola that he was waiting for a friend. The third time the minor refused, he also challenged Sola, who decided to arrest him. When Sola attempted to take the minor into custody, the minor backed away and attempted to flee. Sola managed to grab the minors shirt, which came off as the minor turned to run down the escalator. With the assistance of other officers, Sola was able to physically restrain the minor, who was yelling and kicking.
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