DocketNumber: No. 10-CM-1234
Citation Numbers: 32 A.3d 1005
Judges: Fisher, Schwelb, Thompson
Filed Date: 12/15/2011
Status: Precedential
Modified Date: 9/24/2021
After a bench trial, appellant Terrance Crossland was found guilty of two counts of assault on a police officer (“APO”), in violation of D.C.Code § 22-405(b) (2001). On appeal, he challenges the sufficiency of the evidence. He also asserts that the trial court erred in denying his post-trial motion for a judgment of acquittal, which he sought as a sanction against the government for the police officers’ violation of his Fourth Amendment rights. We affirm.
I.
The government presented evidence that on the evening of April 24, 2010, Metropolitan Police Department (“MPD”) Officers Brandon Baldwin and Kim McCue were engaged in an “aggressive high visibility patrol” in the area of Third and Bryant Streets, N.E. The officers, who were in full uniform, stopped appellant and his cousin Joseph Womack, both of whom were standing near the corner, as part of their effort to gather information about a rash of recent shootings and drug sales in the area. Officer Baldwin acknowledged that neither man was “doing anything unlawful” when the officers stopped them. The officers instructed both men to place their hands on a nearby fence for a weapons pat-down. Appellant “initially” com
Appellant testified that he did not elbow or try to hit Officer Baldwin. Rather, appellant testified, the officer tried to throw him to the ground and then punched him in the eye when, instead of immediately sitting down as the officer instructed him to do after the pat-down, appellant asked whether he could pull up his pants. Appellant claimed that he was already sitting down when the officer “maced” him, and that thereafter he held his arms “straight out,” allowing the officers to handcuff him. The defense also called several other witnesses who claimed to have seen the officer hit appellant without provocation or described appellant’s reputation for peacefulness.
The trial court found that appellant was guilty of APO against Officer Baldwin in that he elbowed the officer in the head, punched at the officer, and resisted the officer’s efforts to arrest him. The court found appellant guilty of APO as to Officer McCue “based on his ... resisting her attempts to put him under arrest.” The court specifically credited Officer Baldwin’s testimony, noting that it was corroborated by the testimony of Officer Castan. The court explained that it did not credit appellant’s testimony or that of the witnesses he called because “[a]lmost all of them had a bias” and because it was “not credible ... that the police were out that day, randomly beating people up for no reason” and that even if they were doing that, it made no sense “that they would beat up [appellant], as opposed to Mr. Wo[ ]mack, whom they had a history with” and had arrested the week before. The court agreed that “the police did not have any right to go up and start searching” appellant and Womack when “they were not doing anything wrong or illegal at that point,” but cited the law in this jurisdiction that “even if the police are wrongfully searching you or arresting you, the subject does not have the right ... to respond by physically resisting or assaulting the police.”
II.
Appellant argues that the evidence was not sufficient to establish that he “purposefully hit the officer with his elbow rather than through accident or mistake.”
III.
In his post-trial Motion for Judgment of Acquittal, appellant argued that “because Officer Baldwin’s behavior violated his [Fourth Amendment] rights,” the trial court “should consider sanctioning the Government” by entering a judgment of acquittal. Relying on Mapp v. Ohio,
Wherefore, the judgment of the trial court is
Affirmed.
. In assessing evidentiary insufficiency, we "view the evidence in the light most favorable to the government, giving full play to the right of the [trial judge] to determine credibility, weigh the evidence, and draw justifiable inferences of fact.” E.g., Ball v. United States, 26 A.3d 764, 768 (D.C.2011) (citation and inter
. Contrary to appellant's suggestion, nothing in the court's findings suggests that the court deemed appellant’s having put his hands up to his eyes in reaction to the pepper spray to be the action by which appellant resisted arrest. The court relied instead on the testimony that appellant "struggl[ed] on the ground” and "ke[pt] one hand under his body” as the officers tried to get him in handcuffs.
. 367 U.S. 643, 655, 81 S.Ct. 1684, 6 L.Ed.2d 1081 (1961) ("[A]ll evidence obtained by searches and seizures in violation of the Constitution is, by that same authority, inadmissible in a state court.”).