Police were called to our client’s house regarding a domestic dispute between family members. The family claimed that he had taken his mother’s debit card and would not return it. He tried to turn and leave once the officers started questioning him, but he was quickly tackled to the ground by one of the officers. It was alleged that a physical hand-to-hand struggle ensued between him and the officer. The officer ultimately tased our client and he was arrested for resisting arrest.
Our client had a prior felony conviction for aggravated assault and had previously spent time in prison. Because of his prior felony conviction, he was ineligible for probation, and if convicted of resisting arrest he would have been sent to prison.
We took the case to trial and we were able to discredit the officer’s testimony about how the struggle occurred. We proved to the jury that our client was attempting to surrender with his hands in the air when he was tased, and the jury agreed that the officer unnecessarily escalated the situation. The jury acquitted our client with a not guilty verdict. He walked out of the courtroom a free man.