Judge Heidi Cesare

Jimenez, charged with obstructing governmental administration, resisting arrest and disorderly conduct, moved for dismissal for facial insufficiency. Officer Rodriguez received a radio run for a stabbing at a club and attempted to secure the scene and asked the crowd, including Jimenez, to step back, but he refused. Rodriguez asked Jimenez over 20 times to move in order to secure the area, and despite same, Jimenez refused, and when Rodriguez informed him he was under arrest, Jimenez started swinging his arms and kicking his legs, requiring 15-20 officers to surround him to get handcuffs on him. The court found the allegations allowed an inference that Jimenez's behavior of intentionally remaining in the way of police activity was sufficient to establish the required element of physical interference, ruling the obstructing governmental administration count was facially sufficient, and denied dismissal. Also, as the obstruction charge was facially sufficient, so too, was the resisting arrest charge, and dismissal was denied. Yet, the court found the disorderly conduct charge was facially insufficient as the information failed to sufficiently allege the public harm element. Further, as Jimenez's statements were directly only at Rodriguez—trained to diffuse emotional situations—dismissal was granted.

Judge Heidi Cesare