X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Mercier, Judge.A jury found Sarah Bacon guilty of obstruction of a law enforcement officer (misdemeanor) and not guilty of simple battery. Bacon appeals, contending that the trial court erred by denying her motion for a directed verdict of acquittal on the obstruction charge. She argues that she could not be convicted of obstruction of a law enforcement officer because the officer, an off-duty municipal law enforcement officer, was working outside the municipality’s boundaries and thus was not engaged in the lawful discharge of his official duties when he attempted to arrest her. We agree and reverse.   Viewed in the light most favorable to the verdict, Edenfield v. State, 293 Ga. 370, 371 (1) (744 SE2d 738) (2013), the evidence shows the following. C. R. was employed at an American Legion facility in Americus, in Sumter County, Georgia. On May 28, 2016, C. R. had a disagreement with Bacon, who was her co-worker, in the facility’s carport area.Officer J. B, who was a sworn police officer for the Plains Police Department and the Montezuma Police Department, was working security for the American Legion that evening. His work at the time did not involve the Plains or Montezuma police departments, and he was not a sworn officer with the Sumter County Sheriff’s Department or the City of Americus Police Department.Officer J. B. testified that when he exited the American Legion building and entered the facility’s carport area, he saw Bacon strike C. R. on the arm. Officer J. B. grabbed Bacon and told her she was under arrest, but Bacon “snatched away” from him. Officer J. B. told her again she was under arrest, and Bacon again pulled away from him. Bacon then “got into a defensive stance,” and Officer J. B. “bear hugged” Bacon, placed her against a car, handcuffed her and called for the Sumter County Sheriff’s Department to transport her to the sheriff’s office. Bacon’s cousin, J. R., testified that he witnessed part of the incident and that, when Officer J. B. was attempting to handcuff Bacon, the officer threatened to “throw [Bacon] on the ground”; J. R. implored the officer not to do so, and he did not.   Bacon was charged by accusation with obstruction of a law enforcement officer and simple battery.[1] As to the obstruction of a law enforcement officer charge, the accusation alleged that Bacon:in Sumter County, . . . did knowingly and willfully obstruct [J. B.], a law enforcement officer with the Plains Police Department, in the lawful discharge of his official duties by snatching away from him several times, which made it hard for him to place her under arrest, in violation of the laws of the State of Georgia.

The sole issue on appeal is whether the trial court erred by denying Bacon’s motion for a directed verdict of acquittal on the charge of obstruction of a law enforcement officer, when the officer was an off-duty municipal police officer working outside of his jurisdiction when he attempted to arrest her.   The standard of review for the denial of a motion for a directed verdict of acquittal is the same as that for reviewing the sufficiency of the evidence to support a conviction. A motion for a directed verdict in a criminal case should only be granted when there is no conflict in the evidence and the evidence demands a verdict of acquittal as a matter of law. Moreover, on appeal the evidence must be viewed in the light most favorable to the verdict[.]

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More

CLIENT SERVICES/Hospitality REPRESENTATIVE-FLORIDA OFFICE Prominent mid-Atlantic law firm with multiple regional office locations seeks a f...


Apply Now ›

Prominent mid-Atlantic law firm with multiple regional office locations seeks a legal practice assistant (LPA) for our Boca Raton, FL. Offic...


Apply Now ›

Description: Fox Rothschild has an opening in the Philadelphia, PA office for a litigation associate. The ideal candidate will have two to t...


Apply Now ›
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›