Summary
The Rhode Island Supreme Court affirmed Paul Hurteau's conviction for resisting arrest. The court held that an instruction on an arrestee's privilege to defend against excessive police force was not required because the trial evidence showed only reasonable force and contained no evidence of excessive force.
Topics
Practice areas
Questions Presented
- Whether the trial justice erred by refusing to instruct the jury that an arrestee may defend himself against an arrest effectuated with excessive force.
- Whether the evidence required an instruction concerning an arrestee's privilege of self-defense when the evidence showed only reasonable police force.
Holdings
- An arrestee is entitled to an instruction on the privilege of self-defense against police only when there is evidence, however tenuous or incredible, that the police used excessive force. Because the record contained no evidence of excessive force, Hurteau was not entitled to the requested instruction.
- The trial justice did not err in refusing the requested instruction because the evidence did not support it, and the judgment of conviction was affirmed.
Key quotations
“Furthermore, the trial justice need only give jury instructions concerning an arrestee's privilege to defend oneself when there is evidence, "however tenuous or incredible," that the police used excessive force.” (810 A.2d at 225)
“Consequently, we conclude that the defendant was not entitled to a jury instruction detailing an arrestee's privilege to defend himself because there was no evidence that the police used anything but reasonable force in making the arrest.” (810 A.2d at 225)
Factual background
Police officers responded to a 911 call reporting that someone might be being killed and that a door had been kicked down. Inside the home, officers observed signs of a disturbance and ordered Hurteau away from a bureau; after he refused to comply, they physically moved him and then arrested him. Hurteau repeatedly struggled, kicked, and thrashed while officers restrained and escorted him, and Sergeant Nowak later used pepper spray after Hurteau attempted to kick out the window of a police vehicle. The trial evidence showed no excessive force by the officers and no evidence supporting Hurteau's requested self-defense instruction.
Procedural history
The State charged Hurteau with two counts of simple assault and one count each of domestic vandalism, assault on a uniformed police officer, and resisting arrest. After trial, the jury convicted him of resisting arrest and acquitted him of one simple-assault count; the remaining charges were dismissed. The Superior Court sentenced him to two months' imprisonment, suspended with probation, and Hurteau timely appealed. The Supreme Court of Rhode Island denied and dismissed the appeal and affirmed the judgment.