LAKE COUNTY, Calif. – A Middletown man who allegedly was involved in a fight with a deputy and a California Highway Patrol officer on Thursday, leading to the discharge of one of the officers' weapons, was booked into the Lake County Jail on Thursday night.
Yolpaqui Hernandez, 34, was booked into the Lake County Jail on felony charges of obstructing or resisting a peace officer, assault with a deadly weapon other than a firearm on a peace officer, battery with serious bodily injury and removing a peace officer's firearm, according to Lake County Jail records.
Hernandez's bail is set at $150,000 and he remained in custody on Friday evening.
District Attorney Don Anderson, whose agency is leading the criminal investigation into the incident, said Hernandez is expected to be arraigned on Monday afternoon.
Anderson said Hernandez's girlfriend had called law enforcement for a civil standby on Thursday morning at her Rose Anderson Road home in Anderson Springs as Hernandez was moving out.
There had not been any violence between the two, however, “The girlfriend was getting concerned over him,” said Anderson.
The deputy who eventually would arrest Hernandez – and was listed on the booking sheet as Scott Lewis – arrived at the scene and began talking to Hernandez, said Anderson.
Anderson said Hernandez began arguing with Lewis inside the home. Lewis noticed a machete and a sheath on a nearby table and went to move it, at which point Hernandez grabbed him.
At that point the two men began to physically fight, said Anderson, with Hernandez allegedly trying to take the deputy's gun away from him.
Anderson said a CHP officer arrived – a CHP official had said Thursday that the officer was called as a cover unit – and as the struggle continued Hernandez allegedly attempted to grab the CHP officer's AR-15 rifle.
During the struggle the rifle went off, but no one was hit, Anderson said.
Hernandez subsequently was hit with a Taser three times and continued to fight while being taken into custody, Anderson said.
Neither Lewis nor the CHP officer – Anderson did not have the CHP officer's name – were harmed, and Anderson said Hernandez was treated for a minor cut at Sutter Lakeside Hospital.
Hernandez was booked into the Lake County Jail shortly after 11 p.m. Thursday, according to jail records.
Anderson said the investigation into the fight “will probably go pretty quick.” Such investigations are part of the critical incident protocol followed for officer-involved shootings, he said.
Anderson was not aware if Hernandez had undergone testing for drugs or alcohol at the hospital on Thursday. However, he said both the deputy and CHP officer were tested for drugs and alcohol as part of the investigative protocol.
“That's just standard procedure,” Anderson said.
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