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Criminal Law Keyed to Osler
United States v. Arrington
Citation:
309 F. 3d 40 (D.C. Cir. 2002)Facts
Three officers stopped the defendant’s car because it lacked a front license plate. One of the officers observed a small plastic bag with residue of white powder on the floorboard. After notifying the other officers outside of earshot of the defendant, they asked the defendant to step out of his car. Defendant then went to drive off, so two officers reached through the open driver-side window to grab the defendant and the other officer leaned in from the other side to turn off the ignition. Defendant shifted into drive and “floored it”. Two officers fell out immediately, the officer on the passenger’s side was stuck as the car drove off for about 50 feet. The officers then started a car chase until the defendant ran into a curb, and began running on foot. During the foot chase, the defendant shot one of the officers in the face. Other officers eventually subdued and arrested the defendant.
Defendant testified that he drove off because he felt threatened and never had physical contact with the officer. Additionally, they never were in his car. Finally, he testified that during the struggle to arrest him, his gun accidentally discharged hitting the officer in the face. Jury convicted defendant of assaulting a federal officer.
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