Tuesday, April 7, 2015

Timothy Wayne Dodds v. The State of Texas, 2014 WL 6676774

Threatened by an act, the officer can defend himself. If a jury agrees that it was a threat.


A domestic violence case of an ex-husband, and his new wife, coming to harm the ex-wife and her new boyfriend and take the children. Police were tipped off and the officer arrived at the scene before the ex-husband. When the Appellant arrived at the same time as another party, Campbell, a friend called by the mother, arrived to take the children to safety.  Campbell made a remark that caused the appellant to “tense up.” After tensing up, the appellant walked toward Campbell with clenched fists appearing “ready to fight.” Seeing this, the officer pointed his Taser at the appellant yelling, “Stop, Police, Taser. Stop, Police, Taser.”
           
         Sergeant Garcia said, “He stopped. He looked at me, he grinned, took another step towards Campbell and I yelled a third time, ‘Stop, Police, Taser.’” As the appellant advanced, Sergeant Garcia pulled the Taser trigger, the Taser projectiles “went through the appellant’s shirt” but “did not make contact” with his body. At that point the appellant “stopped, looked down at [the projectiles], looked at [Sergeant Garcia] , looked at Campbell, took a step” towards Campbell. Then the appellant turned and walked towards Sergeant Garcia with fists clenched and grinning. Sergeant Garcia considered this advance a threat, he still had his fists clenched and was grinning. At this point the appellant “stopped, looked, grinned and reached down,” then grabbing the Taser wires, closing the Taser’s circuit “and the Taser took effect on him.” The appellant was then safely taken into custody.
            
          The appeal is based on the argument that the defendant did not vocalize a threat or physically assault the officer. The appellate court agreed with the jury in the district court saying “a rational jury could find that grinning and walking ‘with purpose’ and clenched fists toward [the officer] was a threat by unlawful act.’


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