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Clenched fist and aggressive behavior merit resisting law enforcement conviction

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The Indiana Supreme Court acknowledged that precedent does not provide a clear definition of “resisting arrest,” but still the court knew it when it saw it in a case where a man was subdued with a Taser after ignoring a police officer’s order to get down on the ground.  

Demetrius Walker appealed his conviction for resisting law enforcement as a Class A misdemeanor, arguing the evidence was insufficient.

He was arguing with another man in the middle of an intersection when Indianapolis Metropolitan Police Department Officer Jason Ehret arrived at the scene and ordered both individuals to lay down. The pair continued to argue and began hitting each other.

After Ehret warned he would use his Taser if they did not comply, the man Walker was arguing with dropped to the ground. However, Walker began walking towards Ehret “in an aggressive manner” with his fists clenched. Ehret continued to warn Walker, and he eventually used the Taser to subdue him.  

The Supreme Court noted not every response to police rises to the level of resisting law enforcement. But “forcibly” resisting, obstructing or interfering, even with only modest exertion of strength and without physical contact, does meet the threshold.

In Demetrius Walker v. State of Indiana, 49S02-1312-CR-804, the Supreme Court found Walker’s actions of ignoring Ehret’s repeated warnings and advancing to near striking distance with fists clenched was sufficient evidence to sustain the conviction.
 
Walker argued his actions did not constitute resistance to law enforcement. He did not display a weapon and there was no evidence of any aggressive behavior directed at the officer.

The Supreme Court disagreed. It held Walker’s fists were weapons. Also the evidence did not indicate to whom Walker’s aggression was aimed and why his fists were clenched.

“And as for his argument that he showed no evidence of ‘purposefully aggressive behavior in defiance of arrest,’ we note first the statute does not require his action to specifically be ‘in defiance of arrest,’ only a forcible resistance, obstruction, or interference with Officer Ehret’s execution of his duties,” Justice Steven David wrote for the court. “And second, if advancing in an aggressive manner and with fist clenched to within three or four feet of the only police officer on the scene, who has been ordering you to the ground, is not at least ‘purposefully aggressive behavior,’ then we are not clear what conduct might ever merit such a label.”
 

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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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