In a recent Massachusetts assault case, the defendant was convicted of resisting arrest and assault and battery on a cop. The problems arose when two policemen were dispatched to his house for a 911 hang-up call. When the policemen got there, one thought he heard somebody talking. Through a window, the policeman saw the defendant’s co-defendant and heard a woman ask angrily why he hit her. The co-defendant moved to the back of the house, and the officer went in that direction. He heard a woman crying and a man yelling, trying to get her to be quiet.
The officer came back to the front of the house, where he found the other officer inside, talking to a woman who lived at the house. The co-defendant was clearly drunk and agitated and came up to the officers from the back of the house. He kept yelling at them and insisted they needed a warrant to be in the home.
The officers told him they’d gotten a 911 call and had to check on everyone. The co-defendant and defendant began yelling and stopped the officers from checking on the woman in the back of the house. The defendant told them they couldn’t go back. The officer smelled alcohol on both his breath and his co-defendant’s breath. The co-defendant grabbed one of the officers, and both he and the defendant pushed the cops. The defendant put his hands on one of the officers, who called to get backup. The officers told the defendant and co-defendant they were under arrest, but they didn’t follow orders.