(scanned copy, as true as we can reproduce it)

 

1 LINDA L. DAUBE (SBN 115782)

A Professional Corporation

2 CITY ATTORNEY t CITY OF PITTSBURG

CAROLR. VICTOR (SBN 161728)

3 Assistant City Attorney City of Pittsburg

LAW OFFICES OF LINDA L. DAUBE LLP K.

4 454 West Napa Suite 200

Sonoma CA 94576

5 Phone: 707-996-9530

Fax: 707-996-9510

6

7

Attorneys for Petitioner

8 CITY OF PITTSBURG

9

10 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA

11 COUNTY OF CONTRA COST At MARTINEZ

12

13 CITY OF PITTSBURG CASE NO 2 --O O 6 8

14 Petitioner PETITION SEEKING JUDICIAL

DETERMINATION RE RETURN OF

J5 vs. FIREARM OR DEADLY WEAPON;

AND DECLARATION OF CITY OF

16 James Smith Sr. PITTSBURG POLICE OFFICER JOE

TERRY IN SUPPORT THEREOF

Respondent.

17 (Welfare & Institutions Code 8102)

18

19

20

21

22 Petitioner alleges:

.

23 1. Petitioner is the City of Pittsburg Police Department.

24 2. Respondent is James Smith Sr.

25 3. This Petition is brought pursuant to Welfare & Institutions Code

section 8102 to

26 determine if certain firearm(s) and/or other deadly weapon(s) now in

the possession of the Police

27 Department should be returned to Respondent.

28 4. Welfare & Institutions Code section 8102 provides that whenever a

person, who

 

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1 has been detained or apprehended for examination of his or her

mental condition or who is a

2 person described in Section 8100 or 8103, is found to own, have in

his or her possession or under

his or her control, any firearm whatsoever, or any other deadly

weapon, the law enforcement

agency shall confiscate the fIrearm or other deadly weapon:

5 5. On December 18,2001 City of Pittsburg Police Officer Joe Terry

responded to a

6                call that James Smith, Sr. ("Respondent") was threatening suicide.

7                Dispatch had been advised

7 that Respondent was in an argument with his family in Walnut Creek,

He told is family that he

8 was leaving and going to commit suicide with a handgun that he kept

in his truck. Respondent

9 showed family members a loaded magazine to a handgun. Upon arrival

at Respondent's

10 residence, police located a .45 caliber Colt Commander and magazines

in the vehicle. Due to

11 Respondent's condition, Officer Terry placed Respondent on a mental

evaluation hold pursuant

12 to Welfare & Institutions Code Section 5150.

13 6. In accordance with Welfare & Institutions Code Section 8102(a),

Officer Togonon

14 confiscated the following firearms: (1) .45 caliber Colt Commander

handgun Serial no.

15 xxxxxxx; (2) Twenty- Two (22) .45 Live Rounds; and (3) Three (3)

magazines for a .45

16 caliber Colt Commander.

17 7. Welfare & Institutions Code Section 8102( c) provides that upon

release of

18 Respondent after he has been detained or apprehended for examination

of his mental condition,

19 the confiscating law enforcement agency may initiate a petition in

superior court within thirty

20 days of the Respondent's release to detennine if the firearm or

other deadly weapon should be

21 returned to Respondent. Such determination is based upon the

likelihood that return of the

22 firearm or deadly weapon will result in endangering the Respondent

or other persons.

23 8. Respondent was released from Contra Costa Regional Center on

December 18.

24 2001. (Declaration of Joe Terry.)

25 9. Based upon the facts involved in the incident. the Police

Department believes that

26 the return of the confiscated firearms is likely to present a danger

to Respondent or others.

27 10. Respondent was given notice of this petition and his right to a

hearing under

28 Welfare & Institutions Code Section 8102( d).

 

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1 WHEREFORE. Petitioner requests that this Court detennine whether the

return of the

2 confiscated firearm to Respondent should be granted in this matter

and to make such orders as is

3 appropriate.

4

5 DATED: January 16.2002 LAW OFFICES OF LINDA L. DAUBE. LLP

6

7 By:

CAROL R. VICTOR

8 Assistant City Attorney

Attorneys for Petitioner. City of

Pittsburg