People v. Mackreth
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Ward called 911 and reported that she “run off the road.” Sunnyvale Officer Meyer responded outside a store and spoke to Ward and Megoloff, a bystander. Megoloff said: “The guy ran in the store and was stuffing all kinds of shit down his pants" and identified Makreth behind the counter. Meyer was concerned that Makreth might have a weapon and that a robbery was planned. Meyer was wearing a police uniform; his badge was “readily apparent.” Mackreth ran into the storeroom and slammed the door. Meyer called for backup with lights and sirens. Mackreth emerged with keys and “something else in his hands.” Meyer drew his taser and yelled, “Get on the ground.” Mackreth looked “puzzled” and responded “Yes, sir” but was not compliant. Meyer thought Mackreth was “delusional.” Eventually, he got on the ground. He subsequently “popped up.” Meyer fired his taser. Mackreth ran around, despite Meyer’s efforts to stop him. Two more officers arrived, wearing uniforms and badges. Several struggles ensued, during which the officers were injured. Megoloff “didn’t see any excessive type actions by the police.” Mackreth was under the influence of methamphetamine at an “abuse level.” Methamphetamine was found in his car.
Mackreth was placed on probation after he was convicted of misdemeanor resisting arrest, vandalism, and being under the influence of methamphetamine. The court of appeal affirmed, rejecting his argument that the trial court prejudicially erred in instructing the jury that he could be convicted of resisting arrest if he knew or “should have known” that the person he resisted was a police officer.
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