PetitionCal. Super. - 6th Dist.March 18, 2021\OOOMJQKJI-D-LQM-n NNNNNNNMMn-H-nu-nn-sn-t-n-an-nn-n WQQMQMN-‘GWW‘QQMLWN-‘O 21 CV379036 Santa Clara - Civil Y. Electronically Filed KRISHAN CHOPRA (State Bar No. 192032) by Superior Court of CA, C‘ty Attorney County of Santa Clara, MEGAN J. MAREVICH (State Bar N0. 288358) on 3/1 8/2021 10:01 AM Senior Deputy City Attorney Reviewed By: y_ Chavez LANCE BAYER, (State Bar N0. 81549) case #21 cv379036 Special Assistant City Attorney Envelope: 6059620 CITY OF MOUNTAIN VIEW 500 Castro Street Mountain View, CA 94041 [Exempt from filing fees] Telephone: (650) 903-6303 [Govt Code § 6103] Email: citvattomev@m0untainviewgov Attorneys for Petitioner, CITY OF MOUNTAIN VIEW IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA 21 CV379036 ) CITY 0F MOUNTAIN VIEW, ) Case No. A municipal corporation, ) ) PETITION REGARDING DISPOSITION Petitioner, ) OF WEAPONS v. > ) (Welfare and Institutions Code TERRENCE EMERSON IVIE, ) §§ 5150 and 8102) ) Respondent. ) _ I. STATEMENT 0F FACTS On March S, 2021, at approximately 11:29 a.m., Officer Amro Sirhan responded to 1101 Grant Road #122, Mountain View, on a report of a suicidal subject. The report stated that Respondent disclosed to a doctor that he was having suicidal thoughts and wanted to kill himself by ingesting pills. When Officer Sirhan arrived, he spoke with Respondent, who told the officer that his soul was consumed by the devil and that he felt guilty about how he treated his parents. Respondent stated that his life did not matter anymore and that he wanted t0 end it by taking pills. Based on Respondent’s statements, Officer Sirhan placed him in protective Petition Regarding Disposition of Weapons - Terrence Emerson lvie l Chavez LWN U1 OKDOOMJQ 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 custody pursuant to Welfare and Institutions Code section 5150. Respondent was taken to Valley Medical Center Emergency Psychiatric for evaluation and treatment. While at respondent’s residence, Officer Sirhan asked ReSpondent if he had any guns and he said he had two rifles under his bed. Respondent further stated that he did not have any handguns but if he did he “would have been done.” Officer Sirhan located the firearms, which are described as: Winchester 69-22 short rifle and Remington 700 rifle. The officer took the firearms into custody of the Mountain View Police Department. Officer Sirhan believes return of the 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 of 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 or her in a facility designated by the county and approved by the State Department of 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 or apprehended for examination of his or her mental condition. .. is found t0 own, have in his or her possession or under his or her control, any firearm whatsoever, or any other deadly weapon, the firearm or other deadly weapon shall be confiscated by any law enforcement agency 0r police officer, who shall retain custody 0f the firearm or other deadly weapon. “Deadly weapon,” as used in this section, has the meaning prescribed by section 8100. (c) Upon the release of a person as described in subdivision (b), the confiscating law enforcement agency shall have thirty (30) days t0 initiate a petition in the superior court for a hearing to determine whether the return of a firearm or other deadly weapon would be likely t0 result in endangering the person or others, and to send a notice advising the person of his 0r her right to a hearing on this issue. Welfare and Institutions Code section 8102 was amended in response to 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. Petition Regarding Dlsposition of Weapons - Terrence Emerson Ivie 2 oooucxuanww-i NNNNNNM-AH-I-fiwu-flfl- g8¢mhwmfio©mqambwwldo On March 5, 2021, at approximately 11:29 a.m., Officer Amro Sirhan responded to 1101 Grant Road #122, Mountain View, on a report of a suicidal subject. The report stated that Respondent disclosed to a doctor that he was having suicidal thoughts and wanted to kill himself by ingesting pills. When Officer Sirhan arrived, he spoke with Respondent, who told the officer that his soul was consumed by the devil and that he felt guilty about how he treated his parents. Respondent stated that his life did not matter anymore and that he wanted to end it by taking pills. Based on Respondent’s statements, Officer Sirhan placed him in protective custody pursuant to Welfare and Institutions Code section 5150. Respondent was taken to Valley Medical Center Emergency Psychiatric for evaluation and treatment. Pursuant to Welfare and Institutions Code section 8102, the City now petitions the court to retain possession of said weapons and allow their forfeiture. According to the responding officer’s declaration filed herewith, return of the confiscated firearm would likely result in endangering Respondent andfor others. III. CONCLUSION Based on the above argument, the City of Mountain View respectfully requests the Court order the Mountain View Police Department to retain Respondent’s weapons, specifically: a Winchester 69-22 short rifle and Remington 700 rifle; and that they be forfeited. Date: March leaczll duh“, Z E E i Lance Bayer Special Assistant City Attorney Attorney for Petitioner City of Mountain View Petition Regarding Disposuion of Weapons - Terrence Emerson lvie 3