Criminal – Evidence supports obstruction of justice conviction

Where a man refused to comply with the officers’ instruction to get into the squad car after he was arrested, and then pushed against the door of the car to *prevent *the officers from placing him in the car, he was convicted of obstruction of justice.

Background

The trial court convicted Ronald Hickman of driving under the influence of alcohol and obstruction of justice.

DWI

Henrico County Ordinance 22-2 which makes it a misdemeanor to drive a motor vehicle under the influence of alcohol. Hickman does not contest that he was driving his vehicle at the time of the accident. He argues that the Commonwealth did not prove that he was intoxicated while driving. This court disagrees.

When the officer (Murray) first approached Hickman’s car, Hickman “had a strong odor of alcohol coming from his person” and “was slurring his words very heavily.” Murray testified, and his body-worn-camera footage revealed, that Hickman admitted to Murray that he had drunk a 40-ounce beer between one hour and two hours before the collision. Hickman told Murray that he was not on any medication. Hickman failed three pre-exit sobriety tests and exhibited 11 out of the 14 indicia of intoxication during the two field sobriety tests that Murray administered.

Hickman testified at trial that he had not, in fact, consumed any alcohol before driving. Instead, he said he took two Seroquel pills after the accident and before Murray arrived. He explained his contrary statement to Murray by stating that Murray kept asking him the same question. He testified that he took the medication to go to sleep and that it “knocks you out.” He said that he smelled of alcohol because he had helped his friend who had been drinking and the alcohol on the friend’s clothes got onto Hickman’s clothes.

The jury was entitled to disbelieve Hickman’s testimony at trial. Considering Hickman’s admission that he drank alcohol before the accident, Murray’s observations of Hickman before his arrest and the results of the pre-exit and field sobriety tests that Murray administered, this court cannot say that the jury’s conclusion that Hickman was

under the influence of alcohol while driving was “plainly wrong or without evidence to support it.”

Obstruction

A person is guilty of obstructing justice if he, “without just cause[,] knowingly obstructs . . . any law-enforcement officer . . . in the performance of [their] duties as such or fails or refuses without just cause to cease such obstruction when requested to do so by such . . . law-enforcement officer.” Hickman argues that his actions following his arrest do not amount to obstruction of justice. This court again disagrees.

After being placed under arrest, Hickman refused to comply with the officers’ instruction to get into the squad car. Rather than complying, he sat down on the ground. When the officers got Hickman to his feet and moved him toward the police vehicle, Hickman laid down on the ground near the passenger door, pushing his feet against the car door to prevent the officers from placing him in the car.

Even after the officers placed him in the car, Hickman again put his foot in the door jamb to prevent the officers from closing the door, despite their commands that he fully enter the vehicle. Complaining that his handcuffs were too tight, Hickman placed his foot against the door to prevent Murray from closing it after Murray checked the handcuffs. As a result of his actions, it took approximately 40 minutes from the time of Hickman’s arrest to fully place Hickman in the squad car.

Although Hickman did not use direct force against Murray or the other officers on the scene, he pushed against the door of the police car to *prevent *the officers from placing him in the police car. By actively pushing against and blocking the squad car door to stop the officers from closing it, Hickman impeded the officers’ ability to transport him to the magistrate after their lawful arrest.

Affirmed.

Hickman v. Commonwealth, Record No. 1789-24-2, April 28, 2026. CAV (unpublished opinion) (per curiam). From the Circuit Court of Henrico County (Herman). (Wes B. Simon; The Simon Law Firm, on brief), for appellant. (Jason S. Miyares, Attorney General; Justin B. Hill, Assistant Attorney General; Shannon L. Taylor, Commonwealth’s Attorney; Andrew Smeltzer, Assistant Commonwealth’s Attorney, on brief), for appellees. VLW 026-7-169. 12 pp.

Full-Text Opinion

VLW 026-7-169
Virginia Lawyers Weekly