Com. v. Hall, C.
Com. v. Hall, C. No. 894 MDA 2016
| Pa. Super. Ct. | Apr 25, 2017Background
- On April 6, 2015, two plainclothes Harrisburg detectives in an unmarked vehicle heard extremely loud music from a red Dodge; the driver (Hall) was identified by the detectives as the source.
- Detectives returned, found Hall in the fenced yard behind 401 S. 13th St.; he refused to produce identification and became verbally agitated and loud when approached.
- Hall attempted to enter the residence, reached into his pockets, clenched his fists, assumed a fighting stance, and repeatedly pulled away when Detective Simmons tried to detain him for officer safety.
- Detectives Simmons and Heffner wrestled with Hall, pushed him against a wall, and after several minutes and backup, handcuffed him; a crowd formed, increasing volatility.
- A jury convicted Hall of resisting arrest (18 Pa.C.S. § 5104) and loud/disturbing noise; he was sentenced to intermediate punishment and appealed solely on sufficiency grounds.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence was sufficient to sustain a conviction for resisting arrest under § 5104 | Commonwealth: testimony showed Hall’s active struggle, fighting stance, flailing and prolonged wrestling that required substantial force to subdue him | Hall: contended Commonwealth failed to prove his conduct required substantial force by police or created a substantial risk of bodily injury to an officer | Affirmed: court held evidence—verbal hostility, fighting stance, repeated pulling away, prolonged struggle requiring multiple officers—was sufficient to show resistance requiring substantial force or creating risk of injury |
Key Cases Cited
- Miller v. Commonwealth, 475 A.2d 145 (Pa. Super. 1984) (resisting arrest may be shown by conduct that creates substantial risk of injury or that requires substantial force to overcome)
- Lyons v. Commonwealth, 555 A.2d 920 (Pa. Super. 1989) (upholding resisting-arrest conviction where multiple officers were required to subdue defendant)
- Rainey v. Commonwealth, 426 A.2d 1148 (Pa. Super. 1981) (distinguishes minor scuffle where defendant merely wiggled or shook free and did not strike officers)