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. This is ridiculous. Most JDs not practicing law don't know squat to justify calling themselves a lawyer. Maybe they should try visiting the inside of a courtroom before they go around calling themselves lawyers. This kind of promotional BS just increases the volume of people with JDs that are underqualified thereby dragging all the rest of us down likewise.

  2. I think it is safe to say that those Hoosier's with the most confidence in the Indiana judicial system are those Hoosier's who have never had the displeasure of dealing with the Hoosier court system.

  3. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  4. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  5. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.