observed multiple packages in front of Marquez' front door with markings indicating they had been there for two weeks. The resident directly across the hall from Marquez said she had not seen Marquez in a week. The officers knocked on Marquez' door for approximately ten minutes, announcing their presence several times, but heard no response.
The landlord unlocked Marquez' apartment door and Carrillo and Manukian entered the apartment. They had difficulty pushing the door open due to boxes and other items piled near the interior side of the door. The apartment was severely cluttered in "hoarding" conditions. Manukian and Carrillo cleared a path to the bedroom, announcing their presence and calling out to Marquez several times. They arrived at the bedroom door and saw Marquez lying on her bed surrounded by several items, including an open laptop.
As soon as Marquez saw Manukian, she screamed and began experiencing a seizure on her bed. Carrillo requested the assistance of South Pasadena Fire Department (SPFD) paramedics. Paramedics arrived within five minutes and tended to Marquez as Carrillo waited at Marquez' front door. Carrillo also requested the assistance of a mental health clinician, Gallegos, to address Marquez' living conditions and possible malnutrition.[1] Burgos and Gallegos arrived approximately ten minutes later and evaluated Marquez. Burgos told Carrillo that they had determined Marquez was a danger to herself and gravely disabled, and required an evaluation pursuant to Welfare and Institutions Code section 5150 (WIC 5150).[2]
Manukian and Gallegos attempted to persuade Marquez to accompany them to the hospital voluntarily, but Marquez adamantly refused. With Sergeant Spencer Louie's approval to proceed with the WIC 5150 hold, Carrillo advised Marquez of their intention to detain her. At that time, Carrillo was standing in the bedroom doorway as he spoke with Marquez. Two paramedics waited immediately outside the bedroom door.
As Carrillo began to read advisements from a form, Marquez, who was sitting on the bed facing the doorway, became upset and stated she did not want to go to the hospital for the evaluation. Marquez added that she had been assaulted by hospital staff on her last visit. Carrillo attempted to reassure her that they were concerned for her well-being. Marquez suddenly began searching around the top of her bed and clutched a pair of scissors with one hand, which caused Carrillo to believe she intended to harm herself. A moment later, Carrillo "saw her grab a black handgun" resembling a Beretta from the top of the bed.[3] Marquez immediately pointed the handgun at him, causing him to fear for his life as well as for the lives of the paramedics with him.[4]
Carrillo yelled "Gun! Gun! Gun!" and told the paramedics to exit the apartment. Carrillo backed away from the bedroom and ordered Marquez to drop the gun. Carrillo ran to the front door and positioned himself with his gun aimed at the bedroom. A moment later a paramedic
- ↑ Carrillo described Marquez as "very frail" and "very thin," and estimated her weight to be approximately 80 pounds.
- ↑ WIC 5150 provides: "When a person, as a result of a mental health disorder, is a danger to others, or to himself or herself, or gravely disabled, a peace officer [or other designated person] may, upon probable cause, take, or cause to be taken, the person into custody for a period of up to 72 hours for assessment, evaluation, and crisis intervention."
- ↑ Up to that point, Carrillo had not seen the handgun in the midst of the other items littered on the bed.
- ↑ Carrillo did not recall Marquez making any statements at the time she pointed the handgun at him.
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