In re JESSI W.

152 P.3d 1217, 214 Ariz. 334, 498 Ariz. Adv. Rep. 15, 2007 Ariz. App. LEXIS 33
CourtCourt of Appeals of Arizona
DecidedFebruary 20, 2007
DocketNo. 1 CA-JV 05-0169
StatusPublished
Cited by13 cases

This text of 152 P.3d 1217 (In re JESSI W.) is published on Counsel Stack Legal Research, covering Court of Appeals of Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re JESSI W., 152 P.3d 1217, 214 Ariz. 334, 498 Ariz. Adv. Rep. 15, 2007 Ariz. App. LEXIS 33 (Ark. Ct. App. 2007).

Opinion

OPINION

EHRLICH, Judge.

¶ 1 Jessi W. was adjudicated delinquent for resisting arrest at his school by a uniformed Scottsdale Police Officer who was serving as a School Resource Officer (“SRO”). He appealed, complaining of insufficient evidence. The disposition of his appeal necessitates a consideration of the duality of the responsibilities of a uniformed police officer who, as an SRO, serves not only in a law-enforcement capacity but as a student counselor. For the reasons discussed below, we affirm the adjudication of delinquency.

FACTS AND PROCEEDINGS

¶2 Scottsdale Police Department Officer Wayne Crenshaw was assigned to work as an SRO at Sierra Vista Academy (“the Academy”). His SRO responsibilities included that he “handle any crimes on campus,” and, in this capacity, he had the same authority as any other Scottsdale Police officer to make an arrest. Beyond this duty, however, as an SRO, Crenshaw also was charged with being, in his own words, “a teacher and a counsel- or.”

¶ 3 On April 14, 2005, Crenshaw was at the Academy wearing a police uniform and a badge identifying him as a member of the Scottsdale Police Department. At approximately 2:40 p.m., he was called to assist an Academy teacher who had seen Jessi and another Academy student running out of an abandoned budding that had a “No Trespassing” sign posted on it.

¶ 4 Crenshaw saw Jessi walking on a sidewalk toward the school, and he called him to come talk in the office. When Jessi responded that he had “seen his ride,” Crenshaw again asked Jessi to “just come in the office and talk to me.” Although Jessi entered the Academy’s main office, he first hesitated, directing profanity at Crenshaw, and then refused to continue following Crenshaw to Crenshaw’s office, repeating that he wanted to go back outside to look for his ride. At this point, Crenshaw put his right hand on Jessi’s left arm “to keep [Jessi] going the right direction [toward Crenshaw’s office] without stopping.” Jessi, however, pulled [336]*336away, saying “[d]on’t touch me,” whereupon Crenshaw again took Jessi’s arm, and Jessi again pulled away, telling Crenshaw with profanity to “[g]et your hands off me.” Crenshaw then placed Jessi in an “arm-bar escort,” holding Jessi by the wrist and triceps as he attempted to direct Jessi toward his office. Jessi “continued to yell and try to twist and pull away,” so Crenshaw tried to get Jessi off balance by applying pressure to Jessi’s triceps so that Jessi would bend over at the waist. As Crenshaw did so, Jessi made a fist with his right hand and attempted to swing at Crenshaw. Crenshaw then got Jessi on the ground and told him “[r]oll over. You’re under arrest.” Jessi refused to give Crenshaw his hands, but Crenshaw succeeded in handcuffing him.

¶ 5 The State filed a two-count delinquency petition accusing Jessi of criminal trespass and resisting arrest. The trespass charge later was dismissed without prejudice.

¶ 6 At the adjudication hearing, Crenshaw testified that, although it was his intention to arrest Jessi once Jessi was inside Crenshaw’s private office, he had no intention of arresting Jessi outside the school or in the main office because “[t]he school doesn’t like me arresting kids in front of everybody else, in front of the whole staff members. No one wants to know what’s going on. The principal doesn’t want me to make a scene in front of everybody.”

¶ 7 Mario Dominguez, a “security specialist” assigned to work at the Academy, had witnessed the interaction between Jessi and Crenshaw. He testified and substantially corroborated Crenshaw’s testimony.

¶ 8 At the close of the State’s evidence, Jessi’s counsel moved for a judgment of acquittal, arguing that there was insufficient evidence of Jessi’s intent to resist arrest because Jessi had had no reason to know that he was being placed under arrest until Crenshaw so declared. The juvenile court denied the motion.

¶ 9 Jessi then presented his defense, calling Nancy Hudson, the principal of the Academy, as a witness. Hudson stated that she had also seen the incident between Jessi and Crenshaw and that, although Jessi was being “mouthy,” she did not see him try to strike Crenshaw. She also testified that, after Crenshaw had pushed Jessi to the ground, Jessi had somehow expressed that his arm was hurting and agreed to cooperate with Crenshaw.

¶ 10 Following Hudson’s testimony, Jessi’s counsel renewed his motion for judgment of acquittal, which the juvenile court again denied. The court adjudicated Jessi delinquent for resisting arrest, and it continued him on standard probation.1

DISCUSSION

¶ 11 In reviewing the juvenile court’s adjudication of delinquency, we review the evidence and resolve all reasonable inferences in the light most favorable to upholding its judgment. In re William G., 192 Ariz. 208, 212, 963 P.2d 287, 291 (App.1997). We determine de novo, however, whether the evidence before the court “existed in sufficient quantity so that any rational trier of fact” could find beyond a reasonable doubt that the juvenile had committed the offense. Id.

¶ 12 The elements of the offense of resisting arrest are set forth in Arizona Revised Statutes (“A.R.S.”) section 13-2508(A) (2001):

A person commits resisting arrest by intentionally preventing or attempting to prevent a person reasonably known to him to be a peace officer, acting under color of such peace officer’s official authority, from effecting an arrest by:
1. Using or threatening to use physical force against the peace officer or another; or
2. Using any other means creating a substantial risk of causing physical injury to the peace officer or another.

The statute prescribes a culpable mental state of intent without distinguishing among the elements of the offense, so each element [337]*337of the offense must be committed intentionally. See A.R.S. § 13-202(A) (2001).

¶ 13 The juvenile court asked both parties to discuss State v. Womack, 174 Ariz. 108, 847 P.2d 609 (App.1992), “regarding communication by officer of intent to arrest the juvenile.” The court in Womack, however, expressly declined to address the issue with which we are presently concerned, which is the element of the intent for the offense of resisting arrest: Did Jessi intentionally attempt to prevent a person reasonably known to him to be a peace officer, acting under color of the officer’s authority, from effecting an arrest? This issue is entwined in two phrases of the statute: “reasonably known to him to be a peace officer” and “acting under color of such peace officer’s official authority.”

¶ 14 Whether a person is reasonably known to another to be a peace officer turns strongly on the facts of each case. When Crenshaw was at school, he wore a Scottsdale Police Department uniform and badge. This could leave but one impression as to Crenshaw’s role in the mind of the observer. Jessi must have reasonably known Crenshaw to be a peace officer.

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Cite This Page — Counsel Stack

Bluebook (online)
152 P.3d 1217, 214 Ariz. 334, 498 Ariz. Adv. Rep. 15, 2007 Ariz. App. LEXIS 33, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-jessi-w-arizctapp-2007.