California v. Nguyen

Defendant Bac Tieng Nguyen’s father called 9-1-1 to report that there was a man at his house who was making threats while carrying a large knife or samurai sword. Garden Grove Police Officers responded to the scene, and learned upon their arrival that the sword-wielding man was defendant. Defendant’s father, who was standing in the front yard when the officers arrived, appeared stressed and nervous. He told the officers that defendant was inside the house and was “loco.” Defendant appealed following his conviction for aggravated assault on a police officer, because he was wielding a large knife and took a step toward police officers after the officers ordered him to put the knife down. He argued that the “present ability” element of the crime was missing, as a matter of law, given the 10- to 15-foot distance between him and the officers at the time of the incident. He also requested that the Court of Appeal independently review the documents reviewed in camera by the trial court in conjunction with a “Pitchess” motion he filed, which sought to obtain information from confidential police officer personnel records. The Court’s independent review revealed no error, and, thus, the Court affirmed the judgment. View "California v. Nguyen" on Justia Law