Petition

Cal. Super. - 6th Dist.March 8, 2021

KOOOVQUI-bUJN 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 21 CV379035 Santa Clara - Civil Electronically Filed KRISHAN CHOPRA (State Bar No. 192032) by Superior Court of CA, City Attorney County of Santa Clara, MEGAN J. MAREVICH (State Bar No. 288358) on 3/8/2021 11:29 AM Senior Deputy City Attorney Reviewed By: Y. Chavez LANCE BAYER (State Bar N0. 81549) Case #21 CV379035 Special Assistant City Attorney Envelope: 5983230 CITY OF MOUNTAIN VIEW 500 Castro Street Mountain View, CA 94041 [Exempt from filing fees] Telephone: (650) 903-6303 [Govt Code § 6103] Email: citvattornev@mountainview.gov Attorneys for Petitioner, CITY OF MOUNTAIN VIEW IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA CITY 0F MOUNTAIN VIEW, 21 CV379035 A municipal corporation, Case No. PETITION REGARDING DISPOSITION Petitioner, OF WEAPONS V. (Welfare and Institutions Code DAVID ALEXANDER DOLMATCH, §§ 5 1 50 and 8 1 02) Vvvvvvvvvv Respondent. I. STATEMENT OF FACTS On February 28, 2021, at approximately 11:47 a.m., Officer Pablo Donato 0f the Mountain View Police Department was on duty and responded t0 55 Fairchild Drive, Mountain View, 0n a welfare check after Respondent called the Mountain View Police to report that he was upset at his father and had two guns in this vehicle. When Officer Donato arrived, he spoke With Respondent, Who told the officer that the guns were in his vehicle and he gave the officer permission t0 search the vehicle for the guns. Officer Donato retrieved the items from the vehicle. They are described as: .308/AR-1- with Sniper Scope and a bi-pod attachment; Revolver Muzzleloader revolver; 470 rounds 0f .308 ammunition and 200 .36 caliber bullets; Petition Regarding Disposition of Weapons - D_ Dohnatch 1 Y. Chavez AWN KOOOQONUI 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 bullet-proof vest carrier; and 2 ceramic ballistic plates level 4. The weapons were taken into the custody of the Mountain View Police Department. Officer Donato then spoke With Respondent, Who told the officer that his father treated him wrong and he wanted his father to be punished. He stated that he would rather not be the one t0 punish his father but if he had no choice, he would d0 it himself. He said that he wanted to “cast” his father away and when Officer Donato asked what he meant, he stated, “We had to wait and see.” Respondent further stated that he was prescribed medication for his bi-polar and schizophrenia conditions but had stopped taking the medication years ago. Respondent also stated that he was more than willing to see a mental health professional. Due t0 Respondent’s statements, possession of an assault-style rifle and a large quantity of ammunition and ceramic ballistic level 4 plates, as well as his self-described psychiatric diagnosis and his threats towards his father, Officer Donato placed Respondent in custody pursuant to Welfare and Institutions section 5 1 50 and he was transported t0 the Valley Medical Center Psychiatric Unit for evaluation and treatment. Based on his investigation, Officer Donato believes that return ofthe confiscated weapons would likely result in endangering Respondent and/or others. II. LEGAL AUTHORITY Welfare and Institutions Code Section 5 1 50 states, in pertinent part: When any person, as a result 0f a mental disorder, is a danger to others, or to himself or herself. .. a peace officer. .. may, upon probable cause, take, or cause to be taken, the person into custody, and place him 0r her in a facility designated by the county and approved by the State Department 0f Mental Health as a facility for 72 hour treatment and evaluation. Welfare and Institutions Code Section 8102 provides, in pertinent part: (a) Whenever a person, who has been detained 0r apprehended for examination of his or her mental condition. .. is found t0 own, have in his 0r her possession 0r under his 0r her control, any firearm whatsoever, 0r any other deadly weapon, the firearm 0r other deadly weapon shall be confiscated by any law enforcement agency or police officer, who shall retain custody 0f the firearm 0r other deadly weapon. “Deadly weapon,” as used in this section, has the meaning prescribed by section 8100. Petition Regarding Disposition of Weapons 2 KOOOQQUIAUJN 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (c) Upon the release of a person as described in subdivision (b), the confiscating law enforcement agency shall have thirty (3 0) days to initiate a petition in the superior court for a hearing to determine whether the return 0f a firearm 0r other deadly weapon would be likely to result in endangering the person 0r others, and to send a notice advising the person of his or her right t0 a hearing on this issue. Welfare and Institutions Code section 8102 was amended in response t0 the case of Bryte V. City of La Mesa (1989) 207 Cal. App. 3d 687 and became effective September 27, 1989, under an urgency measure passed by the California legislature. Pursuant to Welfare and Institutions Code section 8102, the City now petitions the court t0 retain possession of said weapons and allow their forfeiture. According t0 the responding officer’s declaration filed herewith, return of the confiscated firearm would likely result in endangering Respondent and/or others. Additionally, the determination has been made, pursuant to Welfare and Institutions Code section 8103, that return of the weapons would be likely t0 endanger Respondent or others. III. CONCLUSION Based on the above argument, the City ofMountain View respectfully requests the Court order the Mountain View Police Department to retain Respondent’s weapons, .308/AR-1- With Sniper Scope and a bi-pod attachment; Revolver Muzzleloader revolver; 470 rounds of .308 ammunition and 200 .36 caliber bullets; bullet-proof vest carrier; and 2 ceramic ballistic plates level 4; and that they be forfeited. Date; March 8, 2021 A/Lame Eager Lance Bayer Special Assistant City Attorney Attorney for Petitioner City of Mountain View Petition Regarding Disposition of Weapons 3