Commonwealth v. Urkiel

A judge of the District Court found at a bench trial that the defendant, Richard J. Urkiel, had unlawfully resisted arrest by certain police officers of the town of Greenfield (G. L. *446c. 268, § 32B), but had not committed assault and battery upon those officers (G. L. c. 265, § 13D).1 We reverse the judgment of conviction and remand for a new trial, because of the judge’s handling of the issue, tendered by the defendant, of self-defense against excessive force used by the officers. We discuss, further, a matter that may arise upon the retrial in the application of the resisting arrest statute.

1…