An Oklahoma City homeowner got more than he bargained for when he took a swing at Oklahoma City police officers.
Police investigating the smell of marijuana in an Oklahoma City neighborhood traced the odor to a back yard in the 400 block of SE 18th Street. As they approached the home, a man came outside and asked the officers what was happening. The man was told to go back inside while they investigated.
When they entered the back yard, the police officers found a man who was allegedly "very intoxicated and smelled like marijuana." They arrested the man on a complaint of public intoxication.
At that time, the man inside the home, identified as homeowner Alex Cervantes, came outside again and allegedly became belligerent and aggressive with officers. According to reports, an officer placed a hand on Cervantes's shoulder to guide him to a patrol car, and Cervantes swung at the officer, striking him.
A struggle ensued, and police arrested the man on multiple complaints:
- Assault and battery of a police officer
- Assault and battery of a city official
- Obstruction
- Failure to comply with a lawful order
- Possession of a controlled dangerous substance
- Violation of social host laws
The social host violation was a result of two minors in possession of beer at the home.
Cervantes has a prior Oklahoma County conviction for possession of methamphetamine.
Assault on a police officer is never a good way to get police to leave your premises. It is a good way to make sure you get arrested. It is also important to remember that assault and battery of a police officer, unlike a typical assault charge, is a felony rather than misdemeanor. As such, the penalties are much more severe:
Every person who, without justifiable or excusable cause knowingly commits battery or assault and battery upon the person of a police officer, sheriff, deputy sheriff, highway patrolman, corrections personnel, or other state peace officer employed or duly appointed by any state governmental agency to enforce state laws while said officer is in the performance of his duties, upon conviction, shall be guilty of a felony punishable by imprisonment of not more than five (5) years in a state correctional institution or county jail for a period not to exceed one (1) year, or by a fine not exceeding Five Hundred Dollars ($500.00), or by both such fine and imprisonment. 21 O.S.§ 649(B)
If police show up at your door, you may or may not be able to avoid arrest, depending on the circumstances. However, throwing a punch is never going to work to your benefit. Instead, remember these rules: never consent to a search and never say anything to police except to ask for your attorney.
