CHARLES LEWIS v. UNITED STATES

NEBEKER, Senior Judge:

Appellant, Charles Lewis, challenges the sufficiency of the evidence to establish his conviction for one count of misdemeanor attempted threats to do bodily harm. For the reasons stated below, we reverse and remand with instructions to enter judgment of acquittal.

I

On December 4, 2012, Metropolitan Police Department officers Christopher Van-dayburg arid Duran Gunnells arrested appellant for theft in a Giant Food store located at 1345 Park Road, N.W. The officers handcuffed appellant, searched him for weapons, and sat him on a bench near the store entrance, at which point…