Three strikes, you’re out (of luck): assaulting three police officers during a brief scuffle warrants three APO convictions

Robin Bowles v. United States, No. 14-CM-386 (decided April 23, 2015)

Players: Chief Judge Washington, Associate Judge McLeese & Senior Judge Belson. Opinion by Judge Belson. Sean R. Day for Mr. Bowles. Trial Judge: Todd E. Edelman.

Facts: Two officers responded to a home to investigate a reported domestic assault. Mr. Bowles walked up to the front door, where the officers were standing. The officers told Mr. Bowles not to walk away, but Mr. Bowles walked past them, bumping both of them “fairly hard” in the process. The officers grabbed Mr. Bowles and told him not to resist, to no avail: Mr. Bowles fought the officers as they tried to arrest him. A third officer arrived and helped put handcuffs and leg irons on Mr. Bowles. Mr. Bowles continued to physically resist all three officers, including by kicking at the leg restraints applied by the third officer.

Main issue: Do Mr. Bowles’ three assault on a police officer (“APO”) convictions merge?

Holding: No. Three APO convictions were proper because Mr. Bowles (1) committed “multiple assaultive acts” (2) involving “each of the three police officers.”

Of note: The court limits its holding to situations involving multiple officers and distinct assaultive acts. “[T]he foregoing analysis would not support multiple convictions of Mr. Bowles for APO if the assaultive acts had all been committed against a single officer.”  JM

Read full opinion here.