People v. Atkins

University of California Officer Calhoun, driving a patrol car, encountered skateboarders in a parking garage. He detained one skateboarder and placed his board on the hood of the patrol car. One skateboarder fled. Atkins came upon the scene, took the skateboard, walked away, and said something about rent-a-cops. Calhoun told Atkins to stop. Atkins ignored Calhoun, who grabbed Atkins’s arm. Atkins broke free and ran out of the garage, into his truck. Calhoun ran to the truck and stood behind it. Atkins yelled that he would run Calhoun over if he didn’t move. Calhoun moved, Atkins drove away. Atkins was convicted of attempting to deter and resisting an executive officer in the performance of his duties (Penal Code 69). The court of appeal reversed, agreeing that the trial court erred and that the error was prejudicial. To convict an individual of trying to deter or prevent an executive officer from performing his duty the prosecution must prove that the defendant willfully and unlawfully used violence or the threat of violence to try to prevent or deter an executive officer from performing the officer’s lawful duty; when the defendant acted he intended to prevent or deter the executive officer from performing the officer’s lawful duty; and when the defendant acted, he knew that the person was an executive officer, The trial court incorrectly told the jury, “There is no requirement that [t]he Defendant believed Calhoun was an Executive Police Officer.” View "People v. Atkins" on Justia Law