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\n\t\tSan Francisco Hall of Justice \u2013 Photo by David M. Greenwald\t\t<\/p>\n
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\n\t\tSan Francisco Hall of Justice \u2013 Photo by David M. Greenwald\t\t<\/p>\n
SAN FRANCISCO \u2014 Despite conflicting testimony from two police officers about key details of an arrest, a San Francisco Superior Court judge on July 14, 2026, denied the defense\u2019s motion to reduce the accused\u2019s felony charge to a misdemeanor during a preliminary hearing in Department 20.<\/p>\n
Officer Jessie Manalo testified regarding the arrest of the accused. According to his testimony, the accused caught his and Officer Bianca Padilla\u2019s attention while they were interviewing witnesses in a separate incident.<\/p>\n
Officer Manalo explained that the accused was approaching him and Officer Padilla \u201cin a threatening manner,\u201d describing that he was \u201crolling his sleeves up\u201d and \u201cballing up his fists\u201d while yelling, \u201cfuck the police.\u201d<\/p>\n
Officer Padilla responded by going to check on the accused. Officer Manalo had a restricted view of the interaction because a staircase blocked his view. This led to Officer Manalo losing \u201ctemporary sight\u201d of Officer Padilla. Officer Manalo then decided to check on Officer Padilla because \u201ca moment of time that was too long\u201d had passed since he had last seen her.<\/p>\n
Deputy Public Defender Everett Hewlett then asked Officer Manalo to further explain his and his partner\u2019s actions during the arrest. Officer Manalo explained that Officer Padilla ordered the accused to turn around and get on his knees, but the accused refused. DPD Hewlett then asked Officer Manalo, \u201cThat\u2019s when you and your partner put hands on him, correct?\u201d<\/p>\n
Officer Manalo confirmed DPD Hewlett\u2019s statement and continued to explain that he had hold of the accused\u2019s right arm while Officer Padilla had hold of his left. Officer Manalo then said that he performed a \u201cleg sweep\u201d on the accused. During the leg sweep, Officer Manalo said he had to let go of the accused\u2019s arm in order to perform the maneuver.<\/p>\n
DPD Hewlett then asked Officer Manalo, \u201cIs it standard to let go of the arm during the leg sweep?\u201d Officer Manalo replied, \u201cIn order to perform the leg sweep \u2026 the arm is let go.\u201d<\/p>\n
During Officer Padilla\u2019s testimony, when asked about the events leading up to the accused\u2019s arrest, she gave an account similar to Officer Manalo\u2019s. She explained that she noticed the accused \u201clooking at us and pointed at us\u201d while walking past her and Officer Manalo. Officer Padilla then testified that the accused showed \u201cpre-assaultive indicators,\u201d such as balling up his fists and rolling up his sleeves.<\/p>\n
When the accused stopped in front of Officer Padilla and Officer Manalo, Officer Padilla \u201cadvised him to move along,\u201d and the accused complied. Officer Padilla said the accused continued \u201cyelling,\u201d and she then saw the accused \u201clunge[] at this person.\u201d The person, identified as one of the victims, then waved down Officer Padilla and said, \u201cHe just assaulted me, I want to press charges.\u201d<\/p>\n
Officer Padilla testified that she then ordered the accused to \u201cplace his hands on his head\u201d and get on his knees in both English and Spanish. Deputy District Attorney Phelan then asked Officer Padilla whether she had identified herself as a police officer, to which Officer Padilla replied, \u201cI can\u2019t recall if I did at that moment.\u201d<\/p>\n
When describing the arrest, Officer Padilla said, \u201cOfficer Manalo told me he was going to attempt to do a takedown.\u201d During the takedown, Officer Padilla \u201clost grip,\u201d and she saw that the accused \u201cballed his fist and swung at Officer Manalo.\u201d DDA Samantha Phelan then asked whether the swing made contact with Officer Manalo, to which Officer Padilla said she was \u201cunable to tell if it made contact.\u201d<\/p>\n
After both officers testified, DPD Hewlett argued that the felony charge was \u201cconduct based off of one swing\u201d that \u201cOfficer Manalo didn\u2019t know it was happening.\u201d DPD Hewlett then made a Penal Code Section 17(b) motion to reduce the accused\u2019s felony charge of resisting arrest to a misdemeanor.<\/p>\n
DDA Phelan opposed the motion, stating that this was the accused\u2019s \u201cthird prelim [with the accused] involving the same conduct \u2026 involving the police.\u201d She explained that the accused\u2019s conduct was consistent and that the two previous charges had been held to answer. DDA Phelan also argued that Penal Code Section 69 \u201cdoesn\u2019t require contact.\u201d<\/p>\n
\u201cIs it a problem Officer Manalo didn\u2019t see the swing?\u201d Judge John D. Echeverria asked DDA Phelan. DDA Phelan responded that Officer Padilla testified because \u201cshe observed the swing.\u201d<\/p>\n
Judge Echeverria then said he \u201cdidn\u2019t hear Officer Manalo confirm \u2026 [the accused] swung at him.\u201d DDA Phelan again explained that Officer Padilla had a \u201cbetter vantage point to see [the accused\u2019s] actions.\u201d<\/p>\n
\u201cThe swing alone should suffice,\u201d DDA Phelan said regarding the accused\u2019s felony charge.<\/p>\n
DPD Hewlett then argued that the swing \u201cshouldn\u2019t be prison eligible.\u201d<\/p>\n
Judge Echeverria denied the Section 17(b) motion to reduce the accused\u2019s felony charge to a misdemeanor. Arraignment is scheduled for July 28, 2026, in Department 22.<\/p>\n
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