Washington v. Boldt

Boldt was charged by information with third degree assault, RCW 9A.36.030, arising from his conduct during a lawful arrest for driving while under the influence which occurred at about 12:15 a.m. on January 30, 1982, in a rural area of Cowlitz County. At trial, the officer testified that while attempting to complete the arrest, Boldt unexpectedly turned around and struck him in the face. A struggle ensued. The officer got Boldt to the ground, stomach side down, in order to handcuff him. While on the ground, the officer successfully placed a handcuff on Boldts left wrist despite Boldts continued resistance. According to the officers testimony, Boldt then stiffened his right arm, not permitting it to bend behind his back, forcing the officer to "push" Boldt in the shoulder area with his knee to complete the handcuffing. The officer also testified that Boldt was later placed in the police vehicle without further incident.