It is not clear what the kid did that caused the off duty officer to attempt to arrest him.
Was the 13 year old kid arrested?
And if he was not arrested, why was he not arrested for stepping on the cop’s lawn and then resisting arrest?
What is the maximum prison sentence in California for someone who steps on someone’s lawn?
Life.
Could be a third strike and it could be like “criminal trespass”, or something.
California has a crime called “terrorist threat”, section 422 of the state Penal Code. It’s a so-called “wobbler”, meaning it can be charged as a misdemeanor or a felony. An apparent gang member, accompanied by his colleagues, telling someone he’s going to kill him meets the definition of that offense. Detaining someone who makes such a threat for the purpose of determining whether he should be arrested is a lawful action.
Resisting, delaying, or obstructing an officer in the performance of his duty is a misdemeanor. The penalty’s up to a year in county jail and/or up to a $1000 fine.
There’s plenty of law there, the issue will be whether the officer identified himself, and what the kid really said.
The clown who blind-sided the officer in an attempt to free his buddy could arguably be charged with the crime of lynching, which in that context does not mean what it’s commonly thought to mean.
My guess is what’ll happen is everybody will go through the whole song and dance, then the two kids taken into custody will get juvie referrals and the parents will stop mouthing off and go away. There’s no significant damages here, so I suspect they’ll either have trouble getting a lawyer who’ll actually take it to trial, or if they get real lucky, the city’ll throw a few bucks at them to get them to go away.
The officer involved will be spending some time with internal affairs.