Man cleared of resisting police arrest

The Superior Court acquitted Friday a man accused of resisting arrest by police officers who responded to his house in Susupe for alleged domestic violence involving his wife.

The prosecution has failed to prove beyond a reasonable doubt that Scott Patrick Owen committed the crime of resisting arrest, according to Associate Judge Joseph N. Camacho.

For the 41-year-old Owen to be guilty of resisting arrest, the government must show that he willfully resisted, delayed, or obstructed the police officers from doing their job, Camacho said.

In acquitting Owen, Camacho said the length of time between telling Owen he was under arrest and the handcuffs being placed on his hands lasted about three to five minutes.

“Owen’s hands were on the bed. Owen did not strike or kick, or otherwise physically harm or attempt to harm any officer. Owen did not threaten any officer with harm,” Camacho said.

Nor did Owen barricade himself to prevent his arrest nor did he attempt to flee, Camacho said, noting that the most Owen did was to yell profanities at the officers.

As a former police officer himself, Camacho said he understands how it feels to work in a profession that is often criticized, underappreciated, or being hated for just doing their job.

However, the judge said, every officer understands that the profession requires them to act professionally, even when members of the public are screaming profanities or are being disrespectful.

He said police officers undergo training at the police academy to toughen themselves and be professional and not take things personally.

“The job requires that officers protect all members of the community, including people like Owen,” Camacho said.

In doing their job, Camacho said, a police officer must be professional and remember their training. “This is what it means to serve the public, to put the law and the people above your own personal feelings,” he said.

The Office of the Attorney General had charged Owen with resisting arrest.

The bench trial started last Thursday and continued to Friday.

Assistant attorney general Charles Lee called to the witness stand two police officers and Owen’s wife.

After the wife completed her testimony, the prosecution rested its case. Owen was represented by Chief Public Defender Douglas Hartig and assistant public defender Jean Pierre Nogues.

Police officer Rodolfo Hermosilla testified that he responded to an emergency call on Jan. 18, 2018, at Owen’s residence of in Susupe.

Hermosilla testified that, at the scene, after receiving preliminary information, he informed Owen that he was under arrest.

Police learned from the wife that Owen threw things in their house after he got mad.
Last November, police arrested Owen for allegedly attacking a group of Chinese men playing mahjong in San Antonio.