47 Pa. D. & C.5th 389
Pennsylvania Court of Common P...2015Background
- Appellant Kurt Ostrander was convicted by a jury of resisting arrest after a February 18, 2015 trial and sentenced to 1–2 years’ incarceration (85 days credit).
- On November 25, 2014, police responded in uniform to a 5:46 a.m. disturbance at an apartment building where appellant was on a narrow third‑floor fire escape after someone reported knocking and broken glass.
- Officers ordered appellant to show his hands; he did not comply, and the officers drew weapons, climbed the narrow fire escape, and physically seized him.
- Appellant resisted by clenching his hands under himself and refusing handcuffs; officers used pressure points and had to assist/guide him down the narrow fire escape while preventing falls.
- Witness Mira Martinez heard repeated police commands, observed lights on the patrol car, and testified to a prolonged tussle as officers told appellant not to resist.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to sustain resisting arrest conviction under 18 Pa.C.S. §5104 | Ostrander: evidence shows he was heavily intoxicated, barely able to stand, at most a "mere scuffle," so no substantial risk to officers | Commonwealth: appellant’s refusal to comply on a narrow, elevated, glass‑strewn fire escape created a substantial risk of bodily injury and intended to prevent arrest | Court affirmed: evidence sufficient—resistance on narrow fire escape created substantial risk and intent to prevent arrest |
Key Cases Cited
- Commonwealth v. DiStefano, 782 A.2d 574 (Pa. Super. 2001) (standard for appellate review of sufficiency of the evidence)
- Commonwealth v. Lyons, 555 A.2d 920 (Pa. Super. 1989) (resisting arrest established where arrestee’s struggle created substantial risk of injury even absent actual injury)
- Commonwealth v. Torres, 766 A.2d 342 (Pa. 2001) (definition of bodily injury under Pennsylvania law)