P. v. Smith
On April 7, 2005, while on patrol in an area known for prostitution and drug activity, Sheriffs Deputy Britton noticed a vehicle driven by defendant Michael Leonard Smith, Jr., parked on the side of the road with a woman leaning in the passengers side window talking. When Britton pulled his patrol car up behind defendants car, the woman walked away and defendant drove forward and pulled into a residential driveway and stopped. Defendant, extremely agitated with his arms flailing, immediately got out of his car and walked towards Britton, yelling something about his girl. Britton got out of his patrol car, walked towards defendant and asked him what was going on and whether he was okay. Defendant said, My girl, my girl, my girl. Shes being followed, pointing to the woman on the street. Britton tried to calm defendant down and asked him if he had any identification. Defendant said he did not and continued to be very erratic and upset. Britton placed his hand on defendants elbow and guided him towards the patrol car. Suddenly, defendant spun around and pushed Britton, causing him to fall to the ground. Defendant ran back to his car. Britton got up and ran after him, pointing a flashlight and his service weapon at defendant and telling him not to start the car. Defendant started the car anyway and reved the engine, turning the vehicle towards Britton. Britton struck defendant in the face with the flashlight, momentarily stopping him, but defendant eventually accelerated, backed out of the driveway and drove away, forcing Britton to jump out of the way to avoid being hit.
The judgment is affirmed.
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