State v. Brossart - No. 20060242
Rodney B. Brossart appeals after a district court bench trial at which he was convicted of preventing arrest or discharge of other duties.
Nelson County sheriff's deputies confronted Brossart on a township road where he was illegally operating his tractor and a 16,000 pound three-piece roller. When the deputies confronted him about his unauthorized use of the equipment on this road, he yelled, disagreed with the deputies, and refused to cooperate. The escalation of events resulted in the deputies' use of force to arrest Brossart.
On appeal, Brossart argues his actions of yelling and disagreeing with the officers did not create a substantial risk of bodily injury to the officers. Brossart argues his actions did not require substantial force to overcome, and he was not preventing arrest. Brossart argues that when the deputies used excessive force upon him, he had the right to resist.