Montford v. State

John Montford was convicted and sentenced on one count each of aggravated assault on a police officer, serious injury by motor vehicle, fleeing or attempting to elude a police officer, interference with government property, reckless driving, and speeding. He challenges his conviction of aggravated assault on several grounds related to the argument that proof of that crime cannot be based upon mere criminal negligence.

Construed in favor of the verdict the relevant evidence shows that at about 4:45 a.m., police were called in response to allegations that Montford was harassing his former girlfriend in violation of a restraining order. Deputy Sheriff Robinson went to the woman’s home, and while the deputy was attempting to investigate, Montford fled in his car without activating his headlights. Robinson attempted to stop Montford by waving a flashlight, but had to step out of the road to avoid getting hit. Robinson had been on foot in the dark and could not say whether Montford saw him. Robinson called for help and Officer Searcy who was located in the direction that Montford was headed, responded to the call. Searcy placed his marked patrol car in Montford’s path, but not in such a way as to completely block the road, and turned on his emergency lights and blinking headlights. Montford drove past Searcy at about 35 or 40 m.p.h. and turned left onto Georgia Highway 96. Searcy activated his siren and pursued Montford. Searcy reached speeds of between 120 and 125 m.p.h. while chasing Montford for about six miles but never caught up. He testified that Montford reached those speeds as well.