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State v. Willson8/3/2005
Considered on Briefs on April 25, 2005
[ .] Douglas Willson appeals the restitution provisions of his sentence for resisting arrest. We affirm.
FACTS
[ .] This case arose out of a confrontation between Willson and two police officers at a convenience store in the City of Whitewood on July 18, 2003. Willson, who appeared to be intoxicated, was inside the convenience store at approximately 6:00 p.m. panhandling customers for money while his girlfriend waited for him in their pickup parked outside the store. After twice being asked to leave by the cashier, Willson was approached by the Whitewood Police Chief who was off-duty and happened to be in the store. The chief phoned an on-duty officer, summoned her to the scene and then followed Willson outside the store where he spoke to Willson and his girlfriend who was seated in the driver's seat of the pickup. As the three conversed, Officer Wickenheiser, the on-duty officer, arrived, got out of her patrol car and approached the group. The chief instructed Wickenheiser to speak to Willson about what had been going on in the store and to get his "information," referring to Willson's identification, address, telephone number, etc.
[ .] Officer Wickenheiser approached Willson, confirmed his name and mentioned that she wanted to talk to him about the theft of some beer from a beer truck the previous evening. Willson had been a suspect in the crime and Wickenheiser wanted to tell him that, as a result of the investigation, he was no longer a suspect. Willson, however, did not seem to understand Wickenheiser and repeatedly told her that he was not a thief. Wickenheiser then asked Willson to have a seat in her patrol car so that she could get his information. Willson became belligerent and told her that he did not have to go "f-----g anywhere" with her. Wickenheiser asked Willson not to use foul language and again asked him to have a seat in her car. At that point, Willson walked to the passenger side of his pickup, opened the door and started to get inside. Before Willson could enter his vehicle, Wickenheiser shut the pickup door, told Willson he could not leave and again told him that he would have to come with her for a little bit. At that time, Willson seemed to calm down and began to walk toward the patrol car.
[ .] As Willson and Officer Wickenheiser made their way to the patrol car, Wickenheiser asked Willson for his I.D. and took out her pad so that she could begin making notes. Willson pulled out his wallet, gave Wickenheiser his I.D. and then noticed a man pumping gas and yelled at him, "Tell her I'm not a thief, to leave me alone!" After Willson's outburst, Wickenheiser again asked him to come with her. Willson turned toward her, took a step, looked at her and said, "You f-----g c---, I'm going to kick your ass." When Wickenheiser asked Willson if he was threatening her, he replied, "You're f-----g right I'm threatening you, you better get ready."
[ .] At Willson's threat, Officer Wickenheiser dropped her notepad and Willson's identification and began to reach for Willson's arm with one hand as she reached for her handcuffs with the other. Wickenheiser advised Willson that he was under arrest for disorderly conduct, but Willson swung at her with his left hand. Wickenheiser avoided the punch and grabbed Willson's hand and forearm with both of her hands. At that point, the police chief, who had been talking to Willson's girlfriend, became aware of the situation and rushed to assist Wickenheiser.
[ .] The two officers struggled with Willson, repeatedly instructing him to "get on the ground." Eventually, all three individuals fell to the ground. Officer Wickenheiser fell backwards
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