Sean Lent won?t soon forget what happened last Easter.
First, his dad started puking blood and the Petaluma family had to call 911 for an ambulance.
Then his visiting aunt mistakenly hit the phone?s redial key, summoning police officers who forced their way through the front door.
In a struggle, Lent was shot twice by Taser guns before being thrown in jail on a charge of resisting arrest.
?It was about the worst experience of my life,? said Lent, 24, a student and football player at Menlo College. ?They basically forced entry on me, they tased me, hit me upside my head. And I didn?t do anything wrong. All I said was you can?t come in.?
Sonoma County Superior Judge Dana Beernink Simonds agreed the resisting arrest charge was unjustified and dismissed the case in September.
But now, prosecutors have filed an appeal, insisting Lent illegally obstructed officers who were trying to check on the welfare of occupants.
In court papers, Deputy District Attorney William Mount said Lent, who demanded a warrant, ?exceeded the permissible legitimacy of asserting one?s constitutional right to refuse entry by officers.?
Lent displayed ?a hostile body posture, a belligerent tone of voice and a generally offensive manner,? as he stood in the doorway of his parent?s home, Mount wrote.
?Indeed, (Lent) became so resistant and obstructive .
.
. he had to be Tasered twice and was eventually held at gunpoint before being subdued,? the prosecutor said. Both sides will make oral arguments Thursday.According to Lent?s testimony, he and family members returned home from Easter services on March 23, 2008 to find Lent?s father gravely ill.Lent?s mother called 911 from the house on Stone Creek Drive to request an ambulance, which took the father to Petaluma Valley Hospital.A few hours later, Lent?s Aunt Pat picked up the phone to call relatives back east. She pushed the redial button by mistake and a police emergency dispatcher answered.The aunt hung up. Lent answered the phone when the dispatcher called back. He told the dispatchers it was an accident, he testified.About 15 minutes later police arrived at the house. Lent opened the door.What happened next is disputed. Lent said officers ordered him without explanation to let them in or face arrest. Officer Patrick Gerke said Lent appeared with a ?scowl? on his face and barred the door with his arm as he told Lent why he was there. Gerke said a ?concerned look? on a young woman in the house made him suspicious.Lent tried to shut the door, but Gerke and another officer pushed their way inside and struggled to put handcuffs on the 210-pound college football player.It wasn?t easy, Gerke said. Lent was shot once with a Taser but got back on his feet and was shot again.Lent kicked at the second officer as Gerke tried to handcuff him, according to police testimony. ?I had to use most of my strength to get his arms behind him,? Gerke testified.Lent saw it differently.?They didn?t respect me at all,? Lent said. ?They just totally abused me.?Lent?s lawyer, Frank Christy Jr., said Lent?s scowl was not unreasonable considering the bad day he was having. He accused prosecutors of pursuing the misdemeanor case to prevent Lent, who he said has a clean record, from suing police for excessive use of force. Spencer Brady, a spokesman for the district attorney?s office, denied the appeal was motivated by a possible civil case. Brady said a misdemeanor charge ?doesn?t mean the conduct was insignificant.?Christy said a reversal would ignore constitutional rights protecting residents against unreasonable searches.?The U.S. Fourth Amendment cannot and should not be cast aside so easily,? Christy wrote in a brief.
Both sides will make oral arguments Thursday.
According to Lent?s testimony, he and family members returned home from Easter services on March 23, 2008 to find Lent?s father gravely ill.
Lent?s mother called 911 from the house on Stone Creek Drive to request an ambulance, which took the father to Petaluma Valley Hospital.
A few hours later, Lent?s Aunt Pat picked up the phone to call relatives back east. She pushed the redial button by mistake and a police emergency dispatcher answered.
The aunt hung up. Lent answered the phone when the dispatcher called back. He told the dispatchers it was an accident, he testified.
About 15 minutes later police arrived at the house. Lent opened the door.
What happened next is disputed. Lent said officers ordered him without explanation to let them in or face arrest.
Officer Patrick Gerke said Lent appeared with a ?scowl? on his face and barred the door with his arm as he told Lent why he was there. Gerke said a ?concerned look? on a young woman in the house made him suspicious.
Lent tried to shut the door, but Gerke and another officer pushed their way inside and struggled to put handcuffs on the 210-pound college football player.
It wasn?t easy, Gerke said. Lent was shot once with a Taser but got back on his feet and was shot again.
Lent kicked at the second officer as Gerke tried to handcuff him, according to police testimony. ?I had to use most of my strength to get his arms behind him,? Gerke testified.
Lent saw it differently.
?They didn?t respect me at all,? Lent said. ?They just totally abused me.?
Lent?s lawyer, Frank Christy Jr., said Lent?s scowl was not unreasonable considering the bad day he was having. He accused prosecutors of pursuing the misdemeanor case to prevent Lent, who he said has a clean record, from suing police for excessive use of force.
Spencer Brady, a spokesman for the district attorney?s office, denied the appeal was motivated by a possible civil case. Brady said a misdemeanor charge ?doesn?t mean the conduct was insignificant.?
Christy said a reversal would ignore constitutional rights protecting residents against unreasonable searches.
?The U.S. Fourth Amendment cannot and should not be cast aside so easily,? Christy wrote in a brief.
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