34-year-old Ato Diaba Walker was arrested on Sunday, November 3 at 19 minutes after Saturday, midnight by the San Jose Police, and charged under PC 148.10; resisting an officer in which injury occurred, and for battery on a police officer under PC 243 (b), for which the officer suffered a fracture to his wrist.
The seriousness of the charge stems from a series of events that arose during traffic detail after a Saturday night sporting event in downtown San Jose at the SAP Center – also known as the Shark Tank.Walker is being charged with PC 415.1 fighting in public, CVC 2800.2; resisting traffic control, PC 148 (b); resisting arrest, HS 11550 (a); under the influence of a controlled substance and PC 243 (b); Battery of an officer.
Walker was driving North on San Pedro Street approaching West St. John Street in San Jose, when he approached an area where traffic enforcement officers were directing traffic to make a right turn in order to direct traffic away from a high traffic impact area. It was late in the evening after a Sharks hockey game, when they had lost 3 to 2 against the Phoenix Coyotes.
The traffic officer directed the suspect Walker to make a right turn. However, refusing he instead made a quick left.Walker stated that he needed to make a left turn, and so he did.Walker had claimed that when he had made the left turn, the parking officer had hit his hood with his flashlight, breaking the light in the process.Walker also stated that he believed the officer threatened him by hitting his window with his flashlight.
Despite his acknowledgement of his actions, Walker parked his car and walked back towards the traffic officer. The 5’11”, 300 pound man then began to yell at the traffic enforcement officers.Feeling threatened and at risk, a traffic officer called San Jose Patrol Officers.When officers arrived, Walker began to walk away, and when confronted by officers he became increasingly aggressive, refusing to cooperate.When asked to stand back, he continually ignored officers by yelling and swearing. Walker said, “What, so now you’re gonna take me to jail?” Walker continued by saying, “you going to go white on me now huh?”
After his arrest, Walker posted a photo on his Facebook page of an injury to his leg, and asking his friends to repost and share any info they have with the San Jose police or DA’s office. Walker’s arrest report lists his occupation as janitor, but he regularly performs stand up comedy, and can be found on YouTube.
Walker was found in violation of disobeying directions of a person appointed, and/or authorized by a local authority to regulate traffic under CVC 21600.3.The Traffic Enforcement Officer had a blue cover over his flashlight that easily popped off the light when the officer tapped his window in a warning.During his detainment Walker had tried to film officers with his cell phone, however officers were able to recover the phone and booked it into evidence.Refusing to obey verbal commands by arresting officers, Walker was handcuffed and placed into custody.Walker’s next court appearance has been scheduled for 11-26-2013 @ 1:30 PM in Dept 35.