The Cotati man who video-recorded police as they kicked in his front door and shot him with electric stun guns suffered a legal setback Tuesday.
A judge ruled officers were justified in forcing their way into James Wood's Marsh Way home to check on reports of a loud argument he was having with his wife.
Judge Peter Ottenweller found police had reason to believe the fight could have turned violent. He also said it was clear that Wood thwarted their efforts to investigate by delaying officers and not opening the door.
But Ottenweller didn't rule on what happened after police crossed the threshold and fired three electric stun guns at Wood, a 34-year-old Army reservist. The moment was captured in a video widely viewed on YouTube.
The judge said it would be up to a jury to decide whether officers used excessive force.
Wood, who expressed disappointment at the judge's ruling, vowed to take the case to trial.
"This is a case for the people to decide," Wood said as he left the courthouse.
Wood's lawyers had hoped it wouldn't get that far. They sought to suppress key prosecution evidence, arguing officers violated Wood's Fourth Amendment rights by coming in without a warrant.
But prosecutors said police are not required to get a warrant in emergency situations where they fear a person is about to be hurt. They cited the 1996 case of Maria Teresa Macias, a Sonoma County woman who was killed by her estranged husband after a report of domestic violence wasn't adequately pursued.
Prosecutor Matt Hubley said that was the concern May 10 when an across-the-street neighbor reported a man yelling at a woman in an "increasingly hostile tone."
An officer arrived and saw a man later identified as Wood berating his wife, Jennifer Wood, 29, in an outdoor courtyard of their apartment. Jennifer Wood has also criticized the police response to the incident.
The officer knocked on the front door but no one answered. The couple appeared at a window and refused to come out. They are recorded on video saying, in unison, "There's no domestic violence here."
Fearing the woman was being coerced, the officer asked them again to open the door. They refused again. A third person in the apartment said they didn't have to come out because it is "not a police state."
At one point other officers arrived. They kicked down the door and fired stun guns at Wood when an officer said he lunged at him.
Hubley said the officers were obligated to check the welfare of the occupants. Their need to do so outweighed the intrusiveness of the warrantless search, he said.
"You can't leave without getting all the facts and figuring out what is happening," Hubley said in court.
You can reach Staff Writer Paul Payne at 568-5312 or paul.payne@pressdemocrat.com.
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