United States v. Messerlian

Facts

Mr. Topolosky got into a car accident with Mr. Velazquez. When Mr. Velazquez and his passengers went to see if Mr. Topolosky was okay they smelled alcohol on him and saw his two children in the car, but he was without injury. When the officers arrived on the scene, Messerlian and McClelland, they arrested Mr. Topolosky after smelling the alcohol on him and he was placed in the officer’s cruiser without injury to his person or face. The officers then went to speaker to Mr. Velazquez and his passengers along with Mr. Topolosky’s children when Mr. Topolosky kicked out the left window of the car. In response, Officer Messerlain entered the cruiser and struck Mr. Topolosky three or four times on his face and neck with a long, black flashlight. The Officers then finished their interviews and drove Mr. Topolosky to the station. Before the officers left, Mr. Velazquez and his passengers observed Mr. Topolosky motionless in the back seat of the cruiser with blood running from his mouth and face. When the officers got to the station, Mr. Topolosky’s face was puffy and bloody, and he was unconscious. The supervising officers order Messerlian to remove the handcuffs and bring Mr. Topolosky to the hospital. Mr. Topolosky was pronounced dead upon arrival.

After the jury at trail rendered an unanimous guilty verdict, the defendant appealed, arguing that the jury instructions the District Court judge erroneously rendered allowed circumstantial evidence to prove his specific intent which was not allowed for these federal crimes.