(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
================================
(page 2)
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).
===============================(page
3)
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