Jurors – Man convicted of assault and battery of law enforcement officers

Where the defendant violently resisted arrest by throwing his elbows and using a digging motion to scratch an officer’s hand with his fingernail, and he then spit on a second officer, he was convicted of assault and battery of a law enforcement officer.

Background

The circuit court convicted Gregory James Louissaint of two counts of assault and battery of a law enforcement officer, obstruction of justice and disorderly conduct. Louissaint appeals the denial of his motion to strike the assault and battery of a law enforcement officer charges, arguing that the evidence failed to prove he intended to touch the victims.

Analysis

The record before this court shows that Louissaint was violently resisting arrest, throwing his elbows, and using a “digging motion” to scratch Officer Cornwell‘s hand with his fingernail. From that conduct, the circuit court could reasonably infer that the touching of Officer Cornwell was intentional.

Then, at the hospital and clearly still dissatisfied with his situation, Louissaint continued to refuse orders from officers. The record shows that Louissaint did not simply state, or even yell, an insult at Officer Wright, but, after refusing an order to sit down, Louissaint got in Officer Wright’s face and verbally insulted him with such force that he spit on the officer. As such, Louissaint’s intent to spit on Officer Wright “may be inferred” from him getting into the officer’s face and insulting him with force.

Therefore, viewing the facts in the light most favorable to the Commonwealth, the record contains evidentiary support for the circuit court’s rulings.

Affirmed.

Louissaint v. Commonwealth, Record No. 0212-25-1, April 28, 2026. CAV (unpublished opinion) (per curiam). From the Circuit Court of the City of Suffolk (Savage III). (Dorian L. Dalton, Senior Appellate Attorney; Virginia Indigent Defense Commission, on briefs), for appellant. (Jason S. Miyares, Attorney General; C. David Sands, III, Senior Assistant Attorney General, on brief), for appellee. VLW 026-7-164. 5 pp.

Full-Text Opinion

VLW 026-7-164
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