P. v. Stewart CA3
Responding to a report of a structure fire, police and fire department personnel arrived at defendant Stevan Dre Stewart’s apartment. The apartment was filled with smoke and a fire alarm was sounding. Firefighters found defendant, who was on probation at the time, and his girlfriend unconscious in bed and escorted them out. Defendant, who seemed a bit “out of it,” walked around outside, followed by police Sergeant Jeffrey Schmidt. While the fire department was still working in the apartment, defendant attempted to go back inside. Schmidt grabbed defendant by the arm to stop him from reentering the apartment, and defendant spun around and raised his arms in what Schmidt deemed to be an aggressive posture. Schmidt took defendant to the ground and police subdued him. The People filed a petition for violation of probation, alleging two counts of resisting, delaying, or obstructing an officer. The trial court sustained the petition as to one count.
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