29-year-old Matthew Bryan Erickson of San Jose is being charged under PC 22210, possession of a billy club, blackjack, sap, or similar weapon. On September 10, 2013, Erickson was found in possession of collapsable “Billy”.The charge of PC 148 (a) (1) a misdemeanor was added to the offense from Erickson willfully obstructing or failing to yield to officers when they signaled him to pull over.
Riding his bicycle, Erickson, while SJPD officers were driving near him, failed to yield at a stop sign near the Virginia and Delmas Avenue intersection, a violation under CVC 20802 (a). Officers turned on the red light and spot lot in order to signal him to stop. He was also spoken to by SJPD officers, who ordered him to stop, but he refused. He began to peddle faster in an attempt to avoid them.
He reached a dirt foot path, jumped off his bike and dumped his guitar and backpack onto the ground.Officers, now in foot pursuit, again told the suspect to stop, but he continued to run away from them. After catching up to him, officers used a body baton to hit his leg and arm, as Erickson clenched his fists appearing to ready to attack if they tried to cuff him.He fell to the ground and was handcuffed.He was then rolled over on his side and questioned without further incident.
During his detainment, officers identified a collapsible baton.It was also determined that Erickson had two outstanding misdemeanor warrants.The two no-bail warrants were active out of Santa Clara County Sheriff’s Office.Both offenses were related to violence.
While searching the suspect’s property, officers found the collapsible baton.The “Billy” was booked into Central Supply for evidence.Sentencing has been scheduled for 12-18-2013 at 9:00 AM in Dept. 35.The court is recommending 8-months jail time with formal probation.