Argued February 26, 2015
This is an unpublished decision under D.C.App. R. 28 (h) and is of no precedential value except when used under res judicata, collateral estoppel, in a criminal action against same defendant or in a disciplinary action against the same respondent.
Appeal from the Superior Court of the District of Columbia. (DVM-2719-13). (Hon. Todd E. Edelman, Trial Judge).
Sean R. Day for appellant.
J. Matt Williams, Assistant United States Attorney, argued for appellee. Ronald C. Machen Jr., United States Attorney at the time of argument, and Elizabeth Trosman, Suzanne Grealy Curt, and Adrienne Dawn Gurley, Assistant United States Attorneys, were on the brief for appellee.
Before WASHINGTON, Chief Judge, MCLEESE, Associate Judge, and BELSON, Senior Judge.
Belson, Senior Judge.
Appellant Robin Bowles appeals his three convictions for assault on a police officer (D.C. Code § 22-405) (2012 Repl.) (" APO" ) and his single conviction for attempted second-degree cruelty to children (D.C. Code § 22-1101 (b) (2012 Repl.)). He asserts that his three APO convictions violate the Double Jeopardy Clause of the Fifth Amendment, since they should constitute only a single crime, and that the evidence is insufficient to support his convictions for assault on Officer Woody, and attempted second-degree cruelty to children. We hold that since Mr. Bowles committed multiple assaultive acts against each of the three police officers, his three APO convictions do not violate the Double Jeopardy Clause, and that the evidence is sufficient to support all four of his convictions. Accordingly, we affirm.
On November 27, 2013, Officers Wallace and Crowley arrived at a residence in response to a report of domestic assault. After knocking on the door and getting no response, they were turning to leave when appellant Robin Bowles arrived, carrying his approximately one-year-old son. Mr. Bowles started to go into the house and close the door, but a police officer held on to the handle of the door and prevented it from closing. The officers asked to speak with Mr. Bowles and told him he could not walk away. Mr. Bowles then walked past the officers, intentionally bumping both of them in a " fairly hard" manner. Both officers then grabbed Mr. Bowles, encouraging him not to resist and to put the baby down. The trial court found that Mr.
Bowles was swinging the baby " from [Mr. Bowles'] knee to over his head as if in a catapult." A cousin came up and accepted the baby from Mr. Bowles, who then fought with the two officers as they attempted to arrest him. Officer Woody arrived on the scene as Officers Wallace and Crowley were struggling with Mr. Bowles on the ground. Officer Woody had leg irons and helped to place Mr. Bowles in handcuffs and leg restraints while Mr. ...