Hamm v. State

A jury convicted Degarrin Hamm of felony obstruction of a law enforcement officer, misdemeanor obstruction and hindering of a law enforcement officer, and giving a false name and date of birth to a law enforcement officer. Hamm argues on appeal that the trial court erred in denying his motion for directed verdict on the obstruction of a law enforcement officer counts because at the time of the incident, the officer was not engaged in the lawful discharge of his official duties. We disagree and affirm.

The evidence at trial, taken in the light most favorable to the verdict, was as follows. Officer Martel, of the Conyers Police Department, testified that he received a call for assistance from another officer who was investigating reports of drug use outside an apartment complex. When the officer arrived, the suspects ran and the officer called for assistance in looking for a suspect described as an African-American male wearing a white t-shirt. One of the officers who responded to the call stated that he went to a field where there was a pathway between two apartment complexes. He said that he went there because that was the direction in which the suspect was heading when the officer chased him, and he knew from experience that “when people flee from the police in Pinedale or Forest Villas, they usually transgress this path.” The officer testified that he arrived at the field between the apartments only 45 seconds to a minute after receiving the “be on the lookout” call.