State v. Kirn

¶1 Douglas Earn (Kirn) was convicted by a jury in the Thirteenth Judicial District Court, Yellowstone County, of two counts of assault on a peace officer, both felonies. He appeals the District Court’s denial of his motion to dismiss for insufficient evidence. We affirm.

BACKGROUND

¶2 On January 5, 2010, at approximately 11:00 p.m., Billings Police Officers Tom Keightley and David Dierenfield (Officers Keightley and Dierenfield) responded to an apartment building on Monad Road in Billings, Montana, to investigate a noise complaint. Upon arrival, Officers Keightley and Dierenfield met with the…