People v. Miller

Opinion by

Judge TAUBMAN.

The People appeal from the trial court’s ruling that dismissed a charge of second degree assault on a peace officer filed against defendant, Michael R. Miller. We disapprove the ruling.

In June 2001, law enforcement officers responded to a report of domestic violence. At the scene, the officers observed defendant in a room with his girlfriend. He was intoxicated, angry, and yelling profanities.

Defendant was antagonistic to the two officers and charged toward one of them. Defendant was ordered to step back and sit on the bed. Instead, he cursed at the officer and…