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People v. Denny8/30/2005
UNPUBLISHED
Before: Cooper, P.J., and Bandstra and Kelly, JJ.
Defendant Norman Eugene Denney appeals as of right his conviction of assaulting, resisting, or obstructing a police officer, who he knew or had reason to know was performing his duties. He was sentenced to two to fifteen years' imprisonment. We affirm.
I. Factual Background
On May 6, 2003, Battle Creek Police Officer Joseph Wilder responded to a complaint that residents at 211 Iroquois Avenue in Battle Creek were racing vehicles down the roadway. Officer Wilder parked in the street and was met in the driveway by co-defendant Kathleen Carter, who lived with defendant at that address. Ms. Carter indicated that she had just arrived home and was unaware of the situation. She inquired about the identity of the complainant and mentioned a problem with her neighbors. Officer Wilder refused to disclose the complainant's identity in order to prevent further conflict. However, Ms. Carter was insistent and their conversation became heated. Officer Wilder warned Ms. Carter not to raise her voice and threatened to arrest her. In response, Ms. Carter loudly instructed Officer Wilder to leave her property. Officer Wilder clearly and repeatedly announced that Ms. Carter was under arrest.
Yet, she attempted to leave the scene. Officer Wilder grabbed Ms. Carter and placed her in a bear hug in order to restrain her. Ms. Carter struggled with Officer Wilder, and she yelled for "Norm" or "Norman."
In response to Ms. Carter's calls, defendant came up from behind Officer Wilder. He testified that he saw Officer Wilder holding Ms. Carter by the throat with his knee in her back. He believed that Officer Wilder was going to paralyze Ms. Carter, who had suffered a previous back injury. He grabbed Officer Wilder and the two tumbled to the ground. Defendant's arm was around Officer Wilder's neck, choking him. Defendant landed on top of Officer Wilder, preventing his retreat. However, defendant testified that when he tried to stand up, Officer Wilder pulled him back down. Officer Wilder attempted to summon help with a portable radio microphone attached to his collar. He testified that defendant grabbed the wire from the microphone and yanked it out of the radio box. Richard Roth, who was visiting defendant's home, pulled defendant away from Officer Wilder. Officer Wilder stood up and pointed his service weapon at defendant, warning him to stay back. Officer Wilder radioed for assistance and both defendant and Ms. Carter were subsequently arrested.
II. Sufficiency of the Evidence
Defendant first argues that there was insufficient evidence to support his conviction. He specifically argues that, as Ms. Carter's arrest was illegal, he was entitled to intervene to prevent it. In sufficiency of the evidence claims, we review the evidence in the light most favorable to the prosecution and determine whether a rational trier of fact could find that the essential elements of the crime were proven beyond a reasonable doubt. " ircumstantial evidence and reasonable inferences arising from that evidence can constitute satisfactory proof of the elements of a crime.
Defendant was convicted of assaulting, resisting, or obstructing a police officer in the performance of his duties in violation of MCL 750.81d(1), which provides:
Except as provided in subsections (2), (3), and (4), an individual who assaults, batters, wounds, resists, obstructs, opposes, or endangers a person who the individual knows or has reason to know is performing his or her duties is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00, or
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