UnderThenOver t1_j7e36fg wrote on February 6, 2023 at 2:51 AM

Reply to comment by bigdaddyman6969 in RPD lies again! by MeanMasheen5

I agree that the prosecutor was on board for the case to get to the level it did (day of jury trial--which takes months and a ton of work). I think that shows another issue within the system which is that this case made it through bond hearings (most likely), preliminary hearing, motions date--and yet the prosecutor withdraws the charges the DAY OF the jury trial and was at least the second, if not the third or fourth, prosecutor to have this case assigned to them. Multiple prosecutors saw this footage and saw nothing wrong with it.

The phone call doesn't change the fact of whether or not an officer was assaulted--I believe this to be an excuse the prosecutor is using because they knew the case was trash and had to come up with some reason. And just to be clear, the prosecutor didn't dismiss this charge. It was nolle prossed, or withdrawn without prejudice, which means it can technically be brought back at any time since there are no statute of limitations for felony charges in VA.

bigdaddyman6969 t1_j7e3yh4 wrote on February 6, 2023 at 2:57 AM

I know I’m getting killed in the comment section but this is a legitimate question I have if you have a second to answer.

It does look like the person who is being arrested is certainly resisting arrest. He appears to push the officers and maybe take a swing?

At what point does what he is doing become resisting arrest? Or escalate from resisting arrest to assaulting a police officer? Is what is happening in this case basically - ‘the police had no reason to even be involved with this guy so the fact that he may have assaulted them is irrelevant’ or ‘what he is on camera doing is not assault or resisting arrest’. Genuinely curious.

Thanks !

MeanMasheen5 OP t1_j7egh96 wrote on February 6, 2023 at 4:46 AM

I’m just going based off of what I’ve read but it’s kinda both. If they do not have the legal authority to arrest you then you are allowed to resist in Virginia. They had no business arresting him as there was no probable cause that he had committed a crime nor was he who they were there for and simply holding a phone is not a crime and neither is j walking in Virginia.

When resisting an unlawful arrest you cannot show more force than the officer otherwise it becomes assault. The officer makes physical contact with him and he pushes away. That doesn’t seem any higher in severity so it’s probably not assault.