On September 3, 2010, two J.C. Penny’s loss-prevention officers, Michael Sauceda and Herman Cardenas, observed appellant stealing merchandise and a pair of scissors from the store. Sauceda and Cardenas observed appellant by camera. Appellant did not know he was being watched.

Sauceda pursued appellant as he left the store and went outside with the stolen property. Sauceda and a co-worker identified themselves as security. Appellant told them that he was not going to return to the store. Sauceda told him that they would handcuff him, if necessary, to return him to the store. Sauceda took his arm, but appellant resisted and was pushed up against the wall or door.

Appellant withdrew the scissors from his pocket with his right hand and swung his arms up,bringing the scissors within six inches from Sauceda’s neck. Appellant then tried to run away, but was tackled on the sidewalk.Cardenas handcuffed appellant and picked up the merchandise and scissors that fell to the ground, except for a stolen watch that appellant was wearing.

Appellant, now in handcuffs, continued to resist and tried to kick the officers as they walked through the store’s salon. As appellant was escorted inside, he also tried to kick customers in the salon and attempted to run the officers into merchandise displays. During the escort through the store, appellant bit Leonard Sanchez, a mall security guard.

When they arrived at the loss-prevention office, appellant refused to sit down, and threw everything off of the desk. When Sauceda tried to get appellant to sit down, appellant bit Sauceda in the arm and grabbed Sauceda’s genitals. At trial, appellant testified in his own defense. While appellant admitted he attempted to steal merchandise, he denied ever threatening Sauceda with the scissors. Instead, he testified he kept the scissors in his pocket.

Appellant testified that he bit Sauceda when they were in the loss-prevention office after Sauceda put his knee in appellant’s neck and held it there until appellant could not breathe. Appellant testified at this point, he bit “very suddenly” so that Sauceda “would let up, that’s all.” Appellant testified that he did not remember biting Sanchez.