State v. Moncada

¶1 — The crime of intimidating a public servant requires some nexus between the threats and an attempt to influence. Threats and resisting arrest are not sufficient. State v. Montano, 169 Wn.2d 872, 879, 239 P.3d 360 (2010). Here the defendant engaged in a drunken, threatening tirade. But we conclude, based on recent state Supreme Court authority, that the words and conduct were not sufficient to support the intimidating element of the relevant statute. We therefore reverse and dismiss the prosecution.

FACTS

¶2 Teodoro Moneada spent the afternoon of July 14, 2010, drinking. He started with beer…