Carlos Davis v. United States

Fisher, Associate Judge:

Appellant Carlos Davis claims the evidence was insufficient to support his conviction for escape, arguing that he was not in the “lawful custody of an officer” when he ran away to avoid being handcuffed. We agree, and thus we reverse and remand.

I. Background

Around 12:30 a.m. on December 12, 2013, Officer Phillip McHugh and his partner were patrolling in their marked police car when they spotted appellant, who appeared to be urinating against a dumpster near the intersection of Florida Avenue and Trinidad Avenue, N.E. Officer McHugh stopped the car and turned on its…