Tyson v. United States
2011 D.C. App. LEXIS 620
| D.C. | 2011Background
- Tyson was convicted of misdemeanor assault on a police officer (APO) after a bench trial; other charged offenses (unlawful entry, disorderly conduct) were dismissed/acquitted.
- The incident occurred at the Gallery Place Metro station on January 16, 2010, after 8:00 p.m., involving Metro Transit Police Officers Holloway and Kent.
- Holloway observed Tyson loitering and warned him to leave; Tyson returned and became combative when officers sought to arrest him.
- The officers forcibly detained Tyson; he resisted, and the officers used force (hands/knees/baton) during the arrest.
- The defense presented witnesses who claimed Tyson did not resist and that officers knocked him down without warning; Tyson contends there was excessive force by officers.
- The trial court, a bench trial, credited the officers over Tyson and found that Tyson resisted the arrest; Tyson challenged whether the court should have made a specific finding on justifiable or excusable cause to resist.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by not making a specific finding on justifiable or excusable cause. | Tyson preservation theory: counsel framed officers’ actions as violent and requested findings. | Trial court failed to make required special findings; defense preserved by request. | No error; findings not required absent timely request; defense not preserved; plain error not shown. |
Key Cases Cited
- Nelson v. United States, 580 A.2d 114 (D.C.1990) (generally self-defense not a defense to assault on a police officer; exceptions apply)
- Bond v. United States, 233 A.2d 506 (D.C.1967) (failure to request special findings ordinarily waives right to them; remand exceptions limited)
- Jones v. United States, 16 A.3d 966 (D.C.2011) (remand for theory on which conviction relied only under Jones conditions)
- Markowitz v. United States, 598 A.2d 398 (D.C.1991) (no obligation to make special findings absent timely request; credibility determinations discussed)
- United States v. Olano, 507 U.S. 725 (U.S.1993) (plain error standard elements)