People v. Lewelling

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Guanill, a 60-year-old disabled, homeless man who takes pain medication, abuses alcohol, and is known to be abusive to medical staff, arrived at San Francisco General Hospital emergency department at 3:27 a.m. on November 3, 2014, several hours ahead of a scheduled appointment. He was in extreme pain and wanted medication. Triage nurse Coyle screened Guanill, who became agitated and angry, but eventually fell asleep on a bench. The nurses decided to follow department policy and have Guanill escorted out of the waiting room. Deputy Lewelling, who was on duty at the hospital, confronted Guanill, who verbally and physically resisted. The officers used additional force and eventually placed Guanill under arrest. After an investigation, Lewelling was charged under Penal Code section 149,1 which criminalizes a ““public officer who, under color of authority, without lawful necessity, assaults or beats any person. Because there is no CALCRIM instruction for that charge, the court prepared a jury instruction. The court of appeal reversed Lewelling’s conviction, finding that instruction inaccurate and misleading with respect to the element “without legal necessity,” allowing the district attorney to present and argue a case on a basis that allowed Lewelling to be wrongfully convicted. View "People v. Lewelling" on Justia Law