Rodney P. Cadle was convicted by a jury of aggravated battery, seven counts of aggravated assault on a police officer, possession of a firearm during the commission of a crime and obstruction of a police officer. He appeals following the denial of his motion for new trial. The evidence at trial shows that Cadle had an on-going dispute with one of his neighbors. On the night of the events giving rise to the charges in this case, Cadle called 911 complaining the neighbors were causing a disturbance, and the neighbors called 911 complaining Cadle was causing a disturbance and threatening them; Cadle’s wife, who was at work, also called 911 complaining the neighbors were causing a disturbance at their home. Law enforcement officers made several trips to the neighborhood in response to the calls, and during the last visit, based on the neighbors’ statements that Cadle had made threats involving a weapon, they decided to arrest Cadle. However, when the officer went to Cadle’s residence and attempted to arrest him, Cadle broke away from the officer and ran inside his trailer, barricading himself inside a bedroom with four weapons. During the ensuing lengthy exchange between the officers and Cadle, which was recorded by the officers and introduced into evidence at trial, Cadle stated his exasperation over the situation with his neighbors, but denied that he had threatened them with a weapon. Cadle told the officers that he had turned to them for help but they tried to arrest him instead, and that he believed the only way for it to end would be for the officers to kill him. Cadle informed the officers he had weapons with him, but stated several times that he did not intend to use them.
At one point Cadle quit talking to the officers, so the decision was made to attempt to end the standoff by firing tear gas into the bedroom. As soon as the gas was fired into the room, Cadle immediately started firing one his weapons through the wall, seriously wounding one officer, and the officers started firing back at Cadle. Although more gas was fired into the room after the wounded officer was removed, Cadle did not come out until after his father arrived and talked him into surrendering.
