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Intimidating a Public Servant conviction requires more than threats

Yesterday the COA reversed and dismissed charges against a man who was convicted of Intimidating a Public Servant for threatening a police officer before, during, and after his arrest. In Washington v. Teodoro Moncada, the arresting officer originally contacted Mr. Moncado, who was intoxicated, for standing on the side of the highway gesturing at passing cars. Mr. Moncado swore at him repeatedly and instructed the officer to taze him. The officer obliged, and placed Moncado in his cruiser. Over the course of the next half hour or so, the defendant alternatively threated to kill the officer, his wife, and his kids, by various means. Acquitted on charges of resisting arrest and obstruction of justice, Moncado was convicted for intimidating a public servant, a class B felony.

In reversing the conviction and dismissing the charge, the Court of Appeals ruled that mere threats against the officer and his family, without any indication that he was attempting to influence the officer's decision making, was insufficient to support the conviction.

Sean Cecil

Dedicated to providing personal service in pursuit of best possible outcomes for all my clients.

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