BRANSON MO NEWS: The Missouri Supreme Court has reversed a Buchanan County jury’s ruling on a man’s misdemeanor conviction for resisting arrest.In a 4-3 decision handed down Tuesday, the court agreed with Daniel Ajak and his attorney that his conviction should be reversed.Ajak was charged with resisting arrest for his actions following a domestic disturbance call at his home in 2015. The incident stemmed from an argument Ajak had with his girlfriend’s adult child, who wanted her boyfriend to come to the home and drink.
As the incident escalated, police were called. Officers entered the home and placed Ajak in handcuffs. He was seated at the kitchen table and told he was under arrest. Ajak yelled that he was the victim after he was handcuffed and continued to shout while he was seated at the table.The argument of Ajak and his attorney was that he had been arrested at that point and from then forward was in custody.As officers later escorted Ajak to a patrol car, he jerked his arms and twisted his body. Ajak’s attorney argued any resistance offered on the way to and at the patrol car wasn’t resisting arrest because the man already had been arrested.
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In a 4-3 decision, the Supreme Court reversed the jury’s finding, ruling the arrest already was made and Ajak was in police custody by the time any resistance occurred.At Ajak’s original trial in Judge Keith Marquart’s courtroom, the jury acquitted him of two domestic assault charges, and a third charge was dismissed after the jury was unable to reach a verdict. The jury convicted Ajak only on the charge of resisting arrest.The Western District of the Missouri Court of Appeals later heard the case and issued an …
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