Preview
Electronically Filed by Superior Court of California, County of Orange, 07/26/2022 10:32:26 AM.
30-2022-01274256-CU-JR-CJC - ROA # 2 - DAVID H. YAMASAKI, Clerk of the Court By S. Berry, Deputy Clerk.
1 JONES MAYER
2 Veronica R. Donovan, SBN 298964
2 3777 North Harbor Boulevard
3 Fullerton, CA 92835
3 Telephone: (714) 446-1400
4 Facsimile: (714) 446-1448
4 Email: vrd@jones-mayer.com
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5 Attorneys for Petitioner City of Costa Mesa Police Dept.
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8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
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9 COUNTY OF ORANGE
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IN RE BARRY QUINTIN BROOKS, to
determine return of deadly weapons
Case No.:
Dept.
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PETITION FOR JUDICIAL
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COSTA MESA POLICE DEPARTMENT,
Petitioner,
c e DETERMINATION REGARDING RETURN
OF FIREARMS; MEMORANDUM OF
POINTS AND AUTHORITIES
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vs.
BARRY QUINTIN BROOKS; GLOCK 22
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PISTOL; GLOCK 23 PISTOL; BERETTA
PISTOL; THREE SMITH AND WESSON
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PISTOLS; and EAGLE ARMS RIFLE,
[Exempt from filing fees pursuant to Gov.
Code § 6103]
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M e Respondents.
TO RESPONDENT BARRY QUINTIN BROOKS:
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20 NOTICE IS HEREBY GIVEN that pursuant to Penal Code section 18400, the City of
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21 Costa Mesa has filed a Petition for Judicial Determination Regarding Return of Firearms. The
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22 Petition seeks a judicial determination that the return of the following weapons confiscated by
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23 Costa Mesa police officers on May 28, 2022 would likely result in endangering the victim or the
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24 person who reported the incident that occurred on that date: GLOCK 22 PISTOL; GLOCK 23
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25 PISTOL; BERETTA PISTOL; THREE SMITH AND WESSON PISTOLS; and EAGLE ARMS
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26 RIFLE. The Petition also requests that these weapons be permanently confiscated by the City
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27 of Costa Mesa Police Department. You have thirty (30) days from the date of this notice to
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28 respond and request a hearing date in this matter from the Court Clerk at the Orange County
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PET. FOR JUDICIAL DETERMINATION RE RETURN OF FIREARMS
1 Superior Court – Central Justice Center, 700 Civic Center Drive West, Santa Ana, California
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2 92701 and that your failure to respond to this Petition will result in a default order forfeiting the
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3 confiscated firearms.
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4 TO THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR
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5 THE COUNTY OF ORANGE:
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6 The City of Costa Mesa Police Department, Petitioner herein, hereby petitions this Court
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7 pursuant to California Penal Code section 18400 for a judicial determination as to whether the
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8 return of GLOCK 22 PISTOL; GLOCK 23 PISTOL; BERETTA PISTOL;
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9 AND WESSON PISTOLS; and EAGLE ARMS RIFLE, (“Firearms”) to BARRY QUINTIN
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BROOKS (“Respondent”) would likely result in harm
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to
o
the victim or reporting
Respondent files a response to this Petition and requests a hearing; or, alternatively, for a default
party, if
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12 order of forfeiture and authorization for
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destruction of the firearms, if Respondent fails to
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respond within thirty (30) days after service of this Petition.
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This Petition is made on the ground that a California Penal Code section 18400 judicial
determination regarding return of the Firearms to Respondent is required pursuant to the facts
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and circumstances of this case.
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Officer e
This Petition is based on the Memorandum of Points and Authorities, the Declaration of
Austin Brown In Support of Petition for Judicial Determination Regarding Return of
19 Firearms (“Officer Decl.”); and the confidential records related to this matter: the May 28, 2022
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20 Costa Mesa Police Department Police Report pertaining to the subject incident authored by the
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21 responding officers, the May 28, 2022 Receipts and Notices of Rights for Confiscated Firearms
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22 / Other Deadly Weapons prepared by the responding officers; and on such oral and documentary
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23 evidence as may be introduced at the hearing on this Petition.
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24 Dated: July 26, 2022 Respectfully submitted,
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25 JONES MAYER
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27 _________________________
27 Veronica R. Donovan
28 Attorneys for Petitioner,
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City of Costa Mesa Police Department
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PET. FOR JUDICIAL DETERMINATION RE RETURN OF FIREARMS
1 MEMORANDUM OF POINTS AND AUTHORITIES
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2 I. INTRODUCTION
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3 By this Petition, the Costa Mesa Police Department (“Petitioner”) seeks a judicial
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4 determination whether the return of firearms confiscated from Respondent Barry Quintin Brooks
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5 (“Respondent”) on May 28, 2022 would likely result in endangering the victim of Respondent’s
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6 assault. Accordingly, Petitioner seeks an order pursuant to Penal Code section 18400 to permit
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7 it to dispose of the firearms stemming from Respondent’s actions on May 28, 2022 wherein
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8 Costa Mesa police officers responded to a report of domestic violence.
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9 II.
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PENAL CODE SECITION 18400 AUTHORIZES THIS COURT TO
DETERMINE THE DISPOSITION OF FIREAMRS CONFISCATED
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UNDER THESE CIRCUMSTANCES s
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This Petition is brought under
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the authority of Penal Code section 18400 (“section
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18400”) which provides in pertinent part:
“(a) A c
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When a law enforcement agency has reasonable cause to believe that the
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16 return of a firearm or other deadly weapon seized under this division would be
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e d
likely to result in endangering the victim or the person who reported the assault or
threat, the agency shall so advise the owner of the firearm or other deadly weapon,
and within 60 days of the date of seizure, initiate a petition in superior court to
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M determine if the firearm or other deadly weapon should be returned.”
Petitioner has filed a timely petition requesting a judicial determination whether the
20 return of the confiscated firearms would likely result in endangering the victim of Respondent’s
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21 assault.
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22 III.
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23 GOOD CAUSE EXISTS TO SUPPORT THE PERMANENT
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24 CONFISCATION OF THE FIREARMS
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25 The facts set forth in the Declaration of Costa Mesa police officer Austin Brown and the
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26 confidential incident report demonstrate that the return of the firearms confiscated by Petitioner
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27 would likely result in endangering the victim of Respondent’s assault.
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28 On May 28, 2022, Officer Austin Brown (hereinafter “Officer Brown”) was working
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PET. FOR JUDICIAL DETERMINATION RE RETURN OF FIREARMS
1 uniformed patrol in the Field Operations Division of the Costa Mesa Police Department
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2 (hereinafter “CMPD”) driving a marked patrol vehicle. Officer Decl., ¶ 2.
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3 At approximately 4:00 p.m., Officer Brown was dispatched to 1910 Swan Drive
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4 regarding an incident of domestic violence. As he was driving to the call, the incident was
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5 developing. CMPD communications stated the reporting party was the Victim’s and the
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6 suspect’s daughter, Sarah Brooks (hereinafter “Sarah”). Sarah initially reported that her mother
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7 (hereinafter “Victim”) had thrown shoes at the suspect, Barry Quintin Brooks (hereinafter
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“Barry”). It was then reported the Victim needed medical attention and was bleeding. No further
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9 details were provided about the Victim’s injuries. The Victim then got on the phone and reported
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to dispatch she was bleeding. As Officer Brown was getting
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developments
learned the Victim and Barry were not separated and were continuing to physically fight using
from dispatch, he
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12 their hands. Dispatch advised they received
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information that Barry owned firearms; however,
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the specific location of the firearms inside the home was unclear. It also remained unknown if
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there was
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a gun involved in the incident. Due to an active physical fight occurring
residence, the Victim needing medical attention, and the lack of clear information regarding a
inside the
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possible firearm
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being
a involved, Officer Brown activated my emergency lights and siren to
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expedite my response. Officer Decl., ¶ 3.
Officer Brown was the first officer to arrive on scene. Several people were standing in
19 the front yard with Costa Mesa Fire and Paramedics. The garage and garage door leading into
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20 the house was open. Officer Brown could see there were approximately five people gathered in
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21 the living room. He did not locate the Victim in the front yard upon arrival. Officer Brown was
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22 concerned the Victim may still be inside the home since people were gathered in the living room.
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23 Officer Brown felt there was a sense of urgency to enter the house and make sure the physical
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24 fight had ended. Within seconds of entering the house, Officer Haney arrived on scene. Officer
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25 Haney and Officer Brown observed Barry standing in the kitchen corner, which is connected to
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26 the living room. The individuals gathered in the living room exited the home. Once the home
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27 was vacated, Officer Brown asked Barry to put his hands on top of his head and walk backward
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28 toward him; Barry was cooperative. Officer Brown placed Barry’s hands behind his back and
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PET. FOR JUDICIAL DETERMINATION RE RETURN OF FIREARMS
1 conducted a pat-down search for weapons. No weapons were found during the search. While
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2 Officer Brown was interviewing Barry, the Victim was being treated by paramedics and
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3 contacted by Officer Novikoff. Officer Decl., ¶ 4.
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4 The Victim and Barry have been married for approximately 28 years. They have four
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5 children together; two of the children are minors. Officer Decl., ¶ 5.
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6 Barry is approximately 6’00" and 280 pounds. He was wearing underwear and a gray t-
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7 shirt. The shirt was ripped down the middle and appeared wet. Barry had visible redness and
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minor scratches around his arms and neck. Barry did not have any visible lacerations, significant
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Officer Brown thereafter interviewed Barry in the living room of the house. Barry told
him he began arguing with the Victim earlier in the week because he learned the Victim’s father,
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Mike Angelo (hereinafter “Mike”), was having an affair. The Victim believed Barry was lying
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about the alleged affair. The Victim
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and
e Barry argued about the allegation continuously
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throughout
come over
the
and
week leading
confront
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up
Barry
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to the
about
incident.
the alleged
The Victim
affair. The
told Barry
Victim
she
then
would
began
have Mike
screaming,
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grabbed Barry’s left arm, threw both shoes at his face, kicked him in the "crotch," spit on him
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and threw two cups of milk on him. Barry said he defended himself by doing a front kick to the
Victim’s thigh to get her away. Barry said he never punched, slapped, or hit the Victim. Barry
19 informed me he previously worked for the Los Angeles Police Department and was on the LAPD
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20 boxing team. Barry then said, "If I hit her in the faced, she’d be in the hospital." Barry said the
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21 Victim and Mike eventually surrounded him in the home. According to Barry, Mike threatened
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22 to kill him by saying, "I know where your guns are." Officer Decl., ¶ 7.
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23 At that point, Officer Brown concluded his interview with Barry to contact the Victim
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24 before she was transported to Hoag Hospital for further evaluation. Officer Novikoff was with
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25 the Victim while Officer Brown was interviewing Barry. Officer Novikoff briefed Officer Brown
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26 on his conversation with the Victim. The Victim told Officer Novikoff she was punched by Barry
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27 on the nose and received a kick to the groin. The Victim had a laceration on her upper lip,
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28 swelling on the right side of her cheek, and she complained of pain in her right thumb. Officer
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PET. FOR JUDICIAL DETERMINATION RE RETURN OF FIREARMS
1 Brown observed the laceration inside the Victim’s upper lip. It was clearly visible when shown.
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2 The Victim was then transported to the hospital by paramedics. Officer Decl., ¶ 8.
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3 Once the Victim was transported, Officer Brown interviewed the Victim’s daughter,
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4 Sarah. Sarah witnessed part of the incident. Sarah told Officer Brown the following: the Victim
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5 initiated the assault by hitting Barry with a pan on the chest while in the kitchen. Sarah believed
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6 the Victim initiated the assault in self-defense because she suspected Barry was about to assault
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7 her. Sarah saw the Victim take off both shoes and throw them at Barry. Barry pushed the Victim
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8 away and then punched her two times around the nose or mouth. Barry punched the Victim with
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9 a closed left and right fist. Sarah informed Officer Brown that Barry has an aggressive temper.
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Sarah said felt the fight started because Barry lied a lot. Sarah stated that she considers Barry
violent and dangerous. According to Sarah, Barry has physically assaulted the Victim in the past,
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but the incidents were never reported to police. Barry’s and Victim’s two minor children were
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also in the home but did not witness the incident. Officer Decl., ¶ 9.
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Based
Brown
on the statements
concluded
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Barry
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provided
was the
at the
dominant
scene from
aggressor.
Barry, the
Although
Victim,
the
and
Victim
witnesses,
assaulted
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Barry first, the Victim clearly sustained more significant injuries. Upon reaching this conclusion,
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Officer Brown returned to the residence where Barry was detained. Officer Brown double-cuffed
Barry’s hands behind his back and double-locked the cuffs. Officer Brown advised Barry he was
19 under arrest for California Penal Code section 273.5(a) – domestic battery with corporal injury.
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20 Officer Melendez transported Barry to the CMPD jail for booking. Officer Decl., ¶ 10.
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21 After leaving the scene, Officer Brown returned to the CMPD station. Based on the
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22 totality of circumstances, he requested an emergency protective order (“EPO”) before meeting
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23 the Victim at the hospital and conducting a Miranda interview with Barry. Officer Brown called
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24 Judicial Referee D. Yost and advised her of the above incident. Judge Yost granted an EPO (DR#
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25 22-008555). Officer Brown interviewed Barry inside the CMPD jail. Officer Brown read Barry
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26 the Miranda Advisement from my department-issued Miranda card. Barry verbally
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27 acknowledged he understood the advisement after each question. Barry did not want to discuss
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28 the incident. Before leaving the jail, Officer Brown explained and served Barry with his copy of
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PET. FOR JUDICIAL DETERMINATION RE RETURN OF FIREARMS
1 the EPO. While explaining the EPO to Barry, he interrupted Officer Brown and said, "that’s my
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2 fucking house." Barry then stated, "No, I’m going back to my fucking house." Barry verbally
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3 expressed intent to disobey the EPO. Based on the injuries to the Victim’s body and the amount
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4 of fear expressed toward Barry by his children, Officer Brown perceived Barry’s statement to be
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5 credible. As a result of Barry’s expressed intent to defy the EPO, Officer Brown later petitioned
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6 to have Barry’s bail increased. Officer Brown requested Barry’s bail be raised to $500,000. The
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7 approving judge revised the request. Barry was granted no bail. Officer Decl., ¶ 11.
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At the jail, Officer Brown also provided Barry with two property receipts for the seven
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9 guns which were confiscated for safekeeping. Barry read the property receipts and verified that
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they were accurate before signing both receipts. The duplicate property receipts were submitted
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drove to Hoag Hospital to interview the Victim.
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Upon arrival, the Victim was getting
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eCT scan. The Victim’s daughter, Rachel Brooks
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(hereinafter “Rachel”), was
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waiting for the Victim to return to the hospital
informed Officer Brown she was in the living room at the time of the incident and witnessed part
room. Rachel
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of the physical fight. Officer Decl., ¶ 13.
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Officer Brown interviewed Rachel. She told him the following: Rachel was in the living
room, while the Victim and Barry were in the kitchen. The Victim threw a pan at Barry’s chest.
19 Barry complained of head pain, even though he was hit on the chest. The Victim then threw her
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20 shoes at Barry. Rachel then observed Barry begin assaulting the Victim using his hands. Rachel
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21 could not recall specifics about how many times Barry assaulted the Victim. Rachel believed
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22 Barry struck the Victim with both of his hands. Rachel also believed she observed Barry assault
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23 the Victim with open and closed hands. Rachel never observed Barry grab a gun during the
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24 incident. Rachel had difficulty keeping track of what she recalled seeing and what other
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25 witnesses told her. Officer Brown asked Rachel only to tell him what she saw. At this point,
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26 Officer Brown concluded his interview. Officer Decl., ¶ 14.
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27 After interviewing Rachel, the Victim returned to the hospital room. Officer Brown asked
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28 Rachel to leave the room so he could interview the Victim privately, and Rachel complied.
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PET. FOR JUDICIAL DETERMINATION RE RETURN OF FIREARMS
1 Officer Decl., ¶ 15.
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2 Officer Brown interviewed the Victim and she told him the following: The Victim and
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3 Barry argued. The Victim said Barry has been making allegations about Mike having an affair
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4 and molesting the Victim as a child. The Victim became tired of the lies Barry had been
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5 spreading. The Victim recommended the lies be discussed openly as a family with their children
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6 and Mike. Barry was upset by the proposition and got in the Victim’s face while in the kitchen.
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7 The Victim happened to be holding a pan at the time and pushed itup against Barry’s chest.
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8 Barry started complaining of head pain, even though the Victim never struck him in the head.
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9 The Victim took off her shoes and threw them at Barry. Barry was standing beside the kitchen
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sink and stove. Barry hit the Victim on the face and head using his right fist. The Victim believed
Barry punched her at least ten times with a closed right fist. He used his leg to kick the Victim
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stomach.
s The Victim never fell to the ground. The
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Victim said, "I knew if I fell to the floor, I would be dead." Barry punched the Victim so hard
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that she immediately felt it swell up. Sarah was in the living room behind the kitchen. The Victim
observed blood dripping from her lips and told Sarah, "Call 911, call 911, he`s going to kill me."
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After The Victim told Sarah to call 911, Barry told the Victim, "I’m going to kill you fucking
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bitch, I’m going to kill you." The Victim said she was worried about her life. Officer Decl., ¶ 16.
Officer Brown asked the Victim if there is a history of domestic violence within the
19 home. The Victim informed him there was an unreported history. Officer Brown asked her if she
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20 could recall the first time Barry physically assaulted her. The Victim said Barry had been
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21 physically assaulting her on and off for fifteen years. She said she has never reported it because
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22 Barry has threatened to kill her and the family if she were to report the incidents. Barry
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23 intimidated the Victim throughout previous years by saying he would be able to get away with
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24 murder and gave specific examples to her during their marriage. Their minor son has urged the
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25 Victim on numerous occasions to report the incidents to police. The Victim said the incident was
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26 so bad this time that she thought she was going to die and needed to call the police. As sirens
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27 could be heard approaching the home, Barry continued to scream at her. While police were
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28 approaching the home, Barry pointed at the scratch marks on his body and told the Victim she
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PET. FOR JUDICIAL DETERMINATION RE RETURN OF FIREARMS
1 was going to prison. Officer Decl., ¶ 17.
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2 While at the hospital, the doctor at Hoag confirmed the Victim’s right thumb was
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3 fractured. Officer Decl., ¶ 18.
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4 19. The firearms seized from Barry, including one Glock 22 Pistol, one Glock 23
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5 Pistol, one Beretta Pistol, three Smith and Wesson Pistols, and one Eagle Arms Rifle, were
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6 booked for Safekeeping by Officer Novikoff, Officer Howard, Officer McMahon, and Officer
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7 Gonzalez. Officer Decl., ¶ 19.
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9 CONCLUSION
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Respondent Barry Quintin Brooks poses a threat to the Victim based on
altercations with his wife, with whom he shares four children. Respondent physically assaulted
his history of
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transported to the hospital for evaluation and
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sustained a fractured thumb. Respondent also verbally assaulted the Victim by telling her, "I’m
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going to kill you fucking bitch, I’m going to kill you." The Victim reported that Respondent had
physically assaulted her for fifteen years. The assault that is the subject of this case is especially
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disturbing as Respondent assaulted his wife in front of at least one of their children and inflicted
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serious injury. In addition, while awaiting release from jail and having just been served with an
emergency protective order, Respondent told Officer Brown that he was going to immediately
19 violate that Court ordered restraining order and go to the home he shared with the person he had
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20 just phys
Preview
Electronically Filed by Superior Court of California, County of Orange, 07/26/2022 10:32:26 AM. 30-2022-01274256-CU-JR-CJC - ROA # 2 - DAVID H. YAMASAKI, Clerk of the Court By S. Berry, Deputy Clerk. 1 JONES MAYER 2 Veronica R. Donovan, SBN 298964 2 3777 North Harbor Boulevard 3 Fullerton, CA 92835 3 Telephone: (714) 446-1400 4 Facsimile: (714) 446-1448 4 Email: vrd@jones-mayer.com 5 5 Attorneys for Petitioner City of Costa Mesa Police Dept. 6 6 7 7 8 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA a l rt 9 9 COUNTY OF ORANGE 10 10 11 11 IN RE BARRY QUINTIN BROOKS, to determine return of deadly weapons Case No.: Dept. P o 12 12 ___________________________________ s s PETITION FOR JUDICIAL 13 13 14 COSTA MESA POLICE DEPARTMENT, Petitioner, c e DETERMINATION REGARDING RETURN OF FIREARMS; MEMORANDUM OF POINTS AND AUTHORITIES 14 15 15 vs. BARRY QUINTIN BROOKS; GLOCK 22 A c [Pen. Code § 18400] 16 16 17 i a PISTOL; GLOCK 23 PISTOL; BERETTA PISTOL; THREE SMITH AND WESSON d PISTOLS; and EAGLE ARMS RIFLE, [Exempt from filing fees pursuant to Gov. Code § 6103] 17 18 18 19 M e Respondents. TO RESPONDENT BARRY QUINTIN BROOKS: 19 20 NOTICE IS HEREBY GIVEN that pursuant to Penal Code section 18400, the City of 20 21 Costa Mesa has filed a Petition for Judicial Determination Regarding Return of Firearms. The 21 22 Petition seeks a judicial determination that the return of the following weapons confiscated by 22 23 Costa Mesa police officers on May 28, 2022 would likely result in endangering the victim or the 23 24 person who reported the incident that occurred on that date: GLOCK 22 PISTOL; GLOCK 23 24 25 PISTOL; BERETTA PISTOL; THREE SMITH AND WESSON PISTOLS; and EAGLE ARMS 25 26 RIFLE. The Petition also requests that these weapons be permanently confiscated by the City 26 27 of Costa Mesa Police Department. You have thirty (30) days from the date of this notice to 27 28 respond and request a hearing date in this matter from the Court Clerk at the Orange County 28 -1- PET. FOR JUDICIAL DETERMINATION RE RETURN OF FIREARMS 1 Superior Court – Central Justice Center, 700 Civic Center Drive West, Santa Ana, California 2 2 92701 and that your failure to respond to this Petition will result in a default order forfeiting the 3 3 confiscated firearms. 4 4 TO THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR 5 5 THE COUNTY OF ORANGE: 6 6 The City of Costa Mesa Police Department, Petitioner herein, hereby petitions this Court 7 7 pursuant to California Penal Code section 18400 for a judicial determination as to whether the 8 8 return of GLOCK 22 PISTOL; GLOCK 23 PISTOL; BERETTA PISTOL; a l THREE SMITH rt 9 9 AND WESSON PISTOLS; and EAGLE ARMS RIFLE, (“Firearms”) to BARRY QUINTIN 10 10 11 11 BROOKS (“Respondent”) would likely result in harm P to o the victim or reporting Respondent files a response to this Petition and requests a hearing; or, alternatively, for a default party, if 12 12 order of forfeiture and authorization for s s destruction of the firearms, if Respondent fails to 13 13 14 c e respond within thirty (30) days after service of this Petition. 14 15 15 A c This Petition is made on the ground that a California Penal Code section 18400 judicial determination regarding return of the Firearms to Respondent is required pursuant to the facts 16 16 17 i a and circumstances of this case. d 17 18 18 19 M Officer e This Petition is based on the Memorandum of Points and Authorities, the Declaration of Austin Brown In Support of Petition for Judicial Determination Regarding Return of 19 Firearms (“Officer Decl.”); and the confidential records related to this matter: the May 28, 2022 20 20 Costa Mesa Police Department Police Report pertaining to the subject incident authored by the 21 21 responding officers, the May 28, 2022 Receipts and Notices of Rights for Confiscated Firearms 22 22 / Other Deadly Weapons prepared by the responding officers; and on such oral and documentary 23 23 evidence as may be introduced at the hearing on this Petition. 24 24 Dated: July 26, 2022 Respectfully submitted, 25 25 JONES MAYER 26 26 27 _________________________ 27 Veronica R. Donovan 28 Attorneys for Petitioner, 28 City of Costa Mesa Police Department -2- PET. FOR JUDICIAL DETERMINATION RE RETURN OF FIREARMS 1 MEMORANDUM OF POINTS AND AUTHORITIES 2 2 I. INTRODUCTION 3 3 By this Petition, the Costa Mesa Police Department (“Petitioner”) seeks a judicial 4 4 determination whether the return of firearms confiscated from Respondent Barry Quintin Brooks 5 5 (“Respondent”) on May 28, 2022 would likely result in endangering the victim of Respondent’s 6 6 assault. Accordingly, Petitioner seeks an order pursuant to Penal Code section 18400 to permit 7 7 it to dispose of the firearms stemming from Respondent’s actions on May 28, 2022 wherein 8 8 Costa Mesa police officers responded to a report of domestic violence. a l rt 9 9 II. 10 10 11 11 PENAL CODE SECITION 18400 AUTHORIZES THIS COURT TO DETERMINE THE DISPOSITION OF FIREAMRS CONFISCATED P o 12 12 s UNDER THESE CIRCUMSTANCES s 13 13 14 This Petition is brought under c e the authority of Penal Code section 18400 (“section 14 15 15 18400”) which provides in pertinent part: “(a) A c a When a law enforcement agency has reasonable cause to believe that the i 16 16 return of a firearm or other deadly weapon seized under this division would be 17 17 18 e d likely to result in endangering the victim or the person who reported the assault or threat, the agency shall so advise the owner of the firearm or other deadly weapon, and within 60 days of the date of seizure, initiate a petition in superior court to 18 19 19 20 M determine if the firearm or other deadly weapon should be returned.” Petitioner has filed a timely petition requesting a judicial determination whether the 20 return of the confiscated firearms would likely result in endangering the victim of Respondent’s 21 21 assault. 22 22 III. 23 23 GOOD CAUSE EXISTS TO SUPPORT THE PERMANENT 24 24 CONFISCATION OF THE FIREARMS 25 25 The facts set forth in the Declaration of Costa Mesa police officer Austin Brown and the 26 26 confidential incident report demonstrate that the return of the firearms confiscated by Petitioner 27 27 would likely result in endangering the victim of Respondent’s assault. 28 28 On May 28, 2022, Officer Austin Brown (hereinafter “Officer Brown”) was working -3- PET. FOR JUDICIAL DETERMINATION RE RETURN OF FIREARMS 1 uniformed patrol in the Field Operations Division of the Costa Mesa Police Department 2 2 (hereinafter “CMPD”) driving a marked patrol vehicle. Officer Decl., ¶ 2. 3 3 At approximately 4:00 p.m., Officer Brown was dispatched to 1910 Swan Drive 4 4 regarding an incident of domestic violence. As he was driving to the call, the incident was 5 5 developing. CMPD communications stated the reporting party was the Victim’s and the 6 6 suspect’s daughter, Sarah Brooks (hereinafter “Sarah”). Sarah initially reported that her mother 7 7 (hereinafter “Victim”) had thrown shoes at the suspect, Barry Quintin Brooks (hereinafter 8 8 a l “Barry”). It was then reported the Victim needed medical attention and was bleeding. No further rt 9 9 details were provided about the Victim’s injuries. The Victim then got on the phone and reported 10 10 11 11 to dispatch she was bleeding. As Officer Brown was getting P o developments learned the Victim and Barry were not separated and were continuing to physically fight using from dispatch, he 12 12 their hands. Dispatch advised they received s s information that Barry owned firearms; however, 13 13 14 c e the specific location of the firearms inside the home was unclear. It also remained unknown if 14 15 15 there was A c a gun involved in the incident. Due to an active physical fight occurring residence, the Victim needing medical attention, and the lack of clear information regarding a inside the 16 16 17 possible firearm d i being a involved, Officer Brown activated my emergency lights and siren to 17 18 18 19 M e expedite my response. Officer Decl., ¶ 3. Officer Brown was the first officer to arrive on scene. Several people were standing in 19 the front yard with Costa Mesa Fire and Paramedics. The garage and garage door leading into 20 20 the house was open. Officer Brown could see there were approximately five people gathered in 21 21 the living room. He did not locate the Victim in the front yard upon arrival. Officer Brown was 22 22 concerned the Victim may still be inside the home since people were gathered in the living room. 23 23 Officer Brown felt there was a sense of urgency to enter the house and make sure the physical 24 24 fight had ended. Within seconds of entering the house, Officer Haney arrived on scene. Officer 25 25 Haney and Officer Brown observed Barry standing in the kitchen corner, which is connected to 26 26 the living room. The individuals gathered in the living room exited the home. Once the home 27 27 was vacated, Officer Brown asked Barry to put his hands on top of his head and walk backward 28 28 toward him; Barry was cooperative. Officer Brown placed Barry’s hands behind his back and -4- PET. FOR JUDICIAL DETERMINATION RE RETURN OF FIREARMS 1 conducted a pat-down search for weapons. No weapons were found during the search. While 2 2 Officer Brown was interviewing Barry, the Victim was being treated by paramedics and 3 3 contacted by Officer Novikoff. Officer Decl., ¶ 4. 4 4 The Victim and Barry have been married for approximately 28 years. They have four 5 5 children together; two of the children are minors. Officer Decl., ¶ 5. 6 6 Barry is approximately 6’00" and 280 pounds. He was wearing underwear and a gray t- 7 7 shirt. The shirt was ripped down the middle and appeared wet. Barry had visible redness and 8 8 a l minor scratches around his arms and neck. Barry did not have any visible lacerations, significant rt 9 9 injuries, or complaints of pain. Officer Decl., ¶ 6. 10 10 11 11 P o Officer Brown thereafter interviewed Barry in the living room of the house. Barry told him he began arguing with the Victim earlier in the week because he learned the Victim’s father, 12 12 s s Mike Angelo (hereinafter “Mike”), was having an affair. The Victim believed Barry was lying 13 13 14 about the alleged affair. The Victim c and e Barry argued about the allegation continuously 14 15 15 throughout come over the and week leading confront A up Barry c to the about incident. the alleged The Victim affair. The told Barry Victim she then would began have Mike screaming, 16 16 17 i a grabbed Barry’s left arm, threw both shoes at his face, kicked him in the "crotch," spit on him d 17 18 18 19 M e and threw two cups of milk on him. Barry said he defended himself by doing a front kick to the Victim’s thigh to get her away. Barry said he never punched, slapped, or hit the Victim. Barry 19 informed me he previously worked for the Los Angeles Police Department and was on the LAPD 20 20 boxing team. Barry then said, "If I hit her in the faced, she’d be in the hospital." Barry said the 21 21 Victim and Mike eventually surrounded him in the home. According to Barry, Mike threatened 22 22 to kill him by saying, "I know where your guns are." Officer Decl., ¶ 7. 23 23 At that point, Officer Brown concluded his interview with Barry to contact the Victim 24 24 before she was transported to Hoag Hospital for further evaluation. Officer Novikoff was with 25 25 the Victim while Officer Brown was interviewing Barry. Officer Novikoff briefed Officer Brown 26 26 on his conversation with the Victim. The Victim told Officer Novikoff she was punched by Barry 27 27 on the nose and received a kick to the groin. The Victim had a laceration on her upper lip, 28 28 swelling on the right side of her cheek, and she complained of pain in her right thumb. Officer -5- PET. FOR JUDICIAL DETERMINATION RE RETURN OF FIREARMS 1 Brown observed the laceration inside the Victim’s upper lip. It was clearly visible when shown. 2 2 The Victim was then transported to the hospital by paramedics. Officer Decl., ¶ 8. 3 3 Once the Victim was transported, Officer Brown interviewed the Victim’s daughter, 4 4 Sarah. Sarah witnessed part of the incident. Sarah told Officer Brown the following: the Victim 5 5 initiated the assault by hitting Barry with a pan on the chest while in the kitchen. Sarah believed 6 6 the Victim initiated the assault in self-defense because she suspected Barry was about to assault 7 7 her. Sarah saw the Victim take off both shoes and throw them at Barry. Barry pushed the Victim 8 8 away and then punched her two times around the nose or mouth. Barry punched the Victim with a l rt 9 9 a closed left and right fist. Sarah informed Officer Brown that Barry has an aggressive temper. 10 10 11 11 P o Sarah said felt the fight started because Barry lied a lot. Sarah stated that she considers Barry violent and dangerous. According to Sarah, Barry has physically assaulted the Victim in the past, 12 12 s s but the incidents were never reported to police. Barry’s and Victim’s two minor children were 13 13 14 c e also in the home but did not witness the incident. Officer Decl., ¶ 9. 14 15 15 Officer Based Brown on the statements concluded A Barry c provided was the at the dominant scene from aggressor. Barry, the Although Victim, the and Victim witnesses, assaulted 16 16 17 i a Barry first, the Victim clearly sustained more significant injuries. Upon reaching this conclusion, d 17 18 18 19 M e Officer Brown returned to the residence where Barry was detained. Officer Brown double-cuffed Barry’s hands behind his back and double-locked the cuffs. Officer Brown advised Barry he was 19 under arrest for California Penal Code section 273.5(a) – domestic battery with corporal injury. 20 20 Officer Melendez transported Barry to the CMPD jail for booking. Officer Decl., ¶ 10. 21 21 After leaving the scene, Officer Brown returned to the CMPD station. Based on the 22 22 totality of circumstances, he requested an emergency protective order (“EPO”) before meeting 23 23 the Victim at the hospital and conducting a Miranda interview with Barry. Officer Brown called 24 24 Judicial Referee D. Yost and advised her of the above incident. Judge Yost granted an EPO (DR# 25 25 22-008555). Officer Brown interviewed Barry inside the CMPD jail. Officer Brown read Barry 26 26 the Miranda Advisement from my department-issued Miranda card. Barry verbally 27 27 acknowledged he understood the advisement after each question. Barry did not want to discuss 28 28 the incident. Before leaving the jail, Officer Brown explained and served Barry with his copy of -6- PET. FOR JUDICIAL DETERMINATION RE RETURN OF FIREARMS 1 the EPO. While explaining the EPO to Barry, he interrupted Officer Brown and said, "that’s my 2 2 fucking house." Barry then stated, "No, I’m going back to my fucking house." Barry verbally 3 3 expressed intent to disobey the EPO. Based on the injuries to the Victim’s body and the amount 4 4 of fear expressed toward Barry by his children, Officer Brown perceived Barry’s statement to be 5 5 credible. As a result of Barry’s expressed intent to defy the EPO, Officer Brown later petitioned 6 6 to have Barry’s bail increased. Officer Brown requested Barry’s bail be raised to $500,000. The 7 7 approving judge revised the request. Barry was granted no bail. Officer Decl., ¶ 11. 8 8 a l At the jail, Officer Brown also provided Barry with two property receipts for the seven rt 9 9 guns which were confiscated for safekeeping. Barry read the property receipts and verified that 10 10 11 11 to CMPD records. Officer Decl., ¶ 12 P o they were accurate before signing both receipts. The duplicate property receipts were submitted 12 12 After leaving the jail,Officer Brown s s drove to Hoag Hospital to interview the Victim. 13 13 14 Upon arrival, the Victim was getting c a eCT scan. The Victim’s daughter, Rachel Brooks 14 15 15 (hereinafter “Rachel”), was A c waiting for the Victim to return to the hospital informed Officer Brown she was in the living room at the time of the incident and witnessed part room. Rachel 16 16 17 i a of the physical fight. Officer Decl., ¶ 13. d 17 18 18 19 M e Officer Brown interviewed Rachel. She told him the following: Rachel was in the living room, while the Victim and Barry were in the kitchen. The Victim threw a pan at Barry’s chest. 19 Barry complained of head pain, even though he was hit on the chest. The Victim then threw her 20 20 shoes at Barry. Rachel then observed Barry begin assaulting the Victim using his hands. Rachel 21 21 could not recall specifics about how many times Barry assaulted the Victim. Rachel believed 22 22 Barry struck the Victim with both of his hands. Rachel also believed she observed Barry assault 23 23 the Victim with open and closed hands. Rachel never observed Barry grab a gun during the 24 24 incident. Rachel had difficulty keeping track of what she recalled seeing and what other 25 25 witnesses told her. Officer Brown asked Rachel only to tell him what she saw. At this point, 26 26 Officer Brown concluded his interview. Officer Decl., ¶ 14. 27 27 After interviewing Rachel, the Victim returned to the hospital room. Officer Brown asked 28 28 Rachel to leave the room so he could interview the Victim privately, and Rachel complied. -7- PET. FOR JUDICIAL DETERMINATION RE RETURN OF FIREARMS 1 Officer Decl., ¶ 15. 2 2 Officer Brown interviewed the Victim and she told him the following: The Victim and 3 3 Barry argued. The Victim said Barry has been making allegations about Mike having an affair 4 4 and molesting the Victim as a child. The Victim became tired of the lies Barry had been 5 5 spreading. The Victim recommended the lies be discussed openly as a family with their children 6 6 and Mike. Barry was upset by the proposition and got in the Victim’s face while in the kitchen. 7 7 The Victim happened to be holding a pan at the time and pushed itup against Barry’s chest. 8 8 Barry started complaining of head pain, even though the Victim never struck him in the head. a l rt 9 9 The Victim took off her shoes and threw them at Barry. Barry was standing beside the kitchen 10 10 11 11 P o sink and stove. Barry hit the Victim on the face and head using his right fist. The Victim believed Barry punched her at least ten times with a closed right fist. He used his leg to kick the Victim 12 12 twice, once in the groin and once on the s stomach. s The Victim never fell to the ground. The 13 13 14 c e Victim said, "I knew if I fell to the floor, I would be dead." Barry punched the Victim so hard 14 15 15 A c that she immediately felt it swell up. Sarah was in the living room behind the kitchen. The Victim observed blood dripping from her lips and told Sarah, "Call 911, call 911, he`s going to kill me." 16 16 17 i a After The Victim told Sarah to call 911, Barry told the Victim, "I’m going to kill you fucking d 17 18 18 19 M e bitch, I’m going to kill you." The Victim said she was worried about her life. Officer Decl., ¶ 16. Officer Brown asked the Victim if there is a history of domestic violence within the 19 home. The Victim informed him there was an unreported history. Officer Brown asked her if she 20 20 could recall the first time Barry physically assaulted her. The Victim said Barry had been 21 21 physically assaulting her on and off for fifteen years. She said she has never reported it because 22 22 Barry has threatened to kill her and the family if she were to report the incidents. Barry 23 23 intimidated the Victim throughout previous years by saying he would be able to get away with 24 24 murder and gave specific examples to her during their marriage. Their minor son has urged the 25 25 Victim on numerous occasions to report the incidents to police. The Victim said the incident was 26 26 so bad this time that she thought she was going to die and needed to call the police. As sirens 27 27 could be heard approaching the home, Barry continued to scream at her. While police were 28 28 approaching the home, Barry pointed at the scratch marks on his body and told the Victim she -8- PET. FOR JUDICIAL DETERMINATION RE RETURN OF FIREARMS 1 was going to prison. Officer Decl., ¶ 17. 2 2 While at the hospital, the doctor at Hoag confirmed the Victim’s right thumb was 3 3 fractured. Officer Decl., ¶ 18. 4 4 19. The firearms seized from Barry, including one Glock 22 Pistol, one Glock 23 5 5 Pistol, one Beretta Pistol, three Smith and Wesson Pistols, and one Eagle Arms Rifle, were 6 6 booked for Safekeeping by Officer Novikoff, Officer Howard, Officer McMahon, and Officer 7 7 Gonzalez. Officer Decl., ¶ 19. 8 8 IV. a l rt 9 9 CONCLUSION 10 10 11 11 P o Respondent Barry Quintin Brooks poses a threat to the Victim based on altercations with his wife, with whom he shares four children. Respondent physically assaulted his history of 12 12 the Victim to the point where she had to be s s transported to the hospital for evaluation and 13 13 14 c e sustained a fractured thumb. Respondent also verbally assaulted the Victim by telling her, "I’m 14 15 15 A c going to kill you fucking bitch, I’m going to kill you." The Victim reported that Respondent had physically assaulted her for fifteen years. The assault that is the subject of this case is especially 16 16 17 i a disturbing as Respondent assaulted his wife in front of at least one of their children and inflicted d 17 18 18 19 M e serious injury. In addition, while awaiting release from jail and having just been served with an emergency protective order, Respondent told Officer Brown that he was going to immediately 19 violate that Court ordered restraining order and go to the home he shared with the person he had 20 20 just phys