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A 32-year-old East Palo Alto man was found guilty on Monday of assaulting a peace officer after prosecutors said the parolee struck an officer with a glass bottle and shoved another, fracturing the officer’s ankle during a chaotic confrontation last summer outside the Sequoia Station Safeway.
A Redwood City jury convicted Aaron Martinez on March 24 of one count of felony assaulting a peace officer, three counts of felony resisting an executive officer, two counts of misdemeanor resisting an officer that leads to injury and one count misdemeanor petty theft.
The conviction stems from a July 26 incident when officers were called out to the Safeway at 8:30 p.m. due to reports of Martinez panhandling. When police officers confronted Martinez, he cursed at the officers and momentarily entered the Safeway before leaving with two glass alcohol bottles, according to authorities.
Officers then became suspicious he had shoplifted the alcohol, and when they tried to confront Martinez, he struck one with a bottle, causing cuts to the officer’s face and requiring stitches. Police attempted to use Tasers, but due to the alcohol that had spilled, they were unsuccessful, according to police.
Martinez shoved an officer, causing him to fall and fracture his ankle, according to police.
Although prosecutors charged Martinez with felony resisting arrest causing injury, the jury instead convicted him of the lesser misdemeanor version. The charge, considered a “wobbler” under California law, can be filed as either a felony or misdemeanor, depending on the circumstances of the crime. Jurors also found not true the prosecution’s claim that Martinez inflicted great bodily injury.
During officers’ attempts to arrest Martinez, “A large crowd gathered and displayed antagonistic behavior towards the officers,” police said in a press release.
Sheriff’s office deputies were eventually dispatched to control the scene.
At the time of the incident, Martinez was on parole for resisting an executive officer.
Martinez will return to court on April 15 for a trial on additional enhancements from his previous felony convictions. A sentencing date has not been determined.
