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Jury Finds Man Guilty of Evading Arrest After Being Mistaken for Burglar in his Own Home

• via The Agitator
 By JESSICA COOLEY/The Lufkin Daily News The Lufkin Daily News

A Lufkin man convicted of resisting arrest in his own home after police mistook him for a burglar was sentenced Wednesday to 30 days in jail and a $500 fine.

Marco Sauceda, 30, entered County Court-at-Law No. 2 Judge Derek Flournoy’s courtroom Wednesday morning wearing a tan button down shirt and navy dress slacks, but by the end of the day found himself in county orange.

Following a one-day trial and four-hour deliberation, a six-panel Angelina County jury concluded Sauceda was guilty of resisting arrest on March 15, 2009, while being pepper-sprayed, shot with a pepper ball gun and wrestled to the ground by nine Lufkin Police officers in his own living room, according to testimony.

In closing arguments Wednesday morning, Sauceda’s defense attorney, Ryan Deaton, chronicled how his client was wronged by Lufkin Police when they entered his home at 111 Finley St. on a report of a black male kicking in the front door, called in by a neighbor. Sauceda, who Deaton described as having the mind of a child, then locked himself in the bathroom and refused to come out despite repeated warnings by the officers on scene.

“A person should feel secure in their own home no matter black, white, Hispanic, Asian, I don’t care who they are, they should feel secure in their own home,” Deaton said. “The police have no right to come in your house and push you around and beat you up and do the things they did on March, 15, 2009,” Deaton said.

8 Comments in Response to

Comment by Carrie Taranova
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I am so sick and tired of hearing about the "resisting arrest" so-called 'crime' - it is time we get it cleared up once and for all !  DC and its media has put this LIE out over and over trying to establish a "new law" and "new power" for themselves.  All past Supreme Court rulings have made it clear that an innocent person  has the DUTY TO RESIST ARREST EVEN IF IT MEANS USING DEADLY FORCE ! That if a cop is killed during it that he brought it upon himself and the innocent person defending themself  is not held guilty of any crime.

It is every citizen's duty to resist false arrest There is no such crime as "resisting arrest." This is a fictitious crime dreamed up by law enforcement to accuse a citizen of a crime when they refuse to surrender to the illegal demands of the police (state).

The U.S. Supreme Court has ruled on numerous occasions that resisting a false arrest is not merely a citizen's right, but his duty ! In fact, the Supreme Court has gone so far as to rule that if a law enforcement officer is killed as a result of actions stemming from a citizen's attempts to defend themselves against a false arrest, it is the fault of the officer, not the citizen.

Here's a short collection of relevant court rulings on false arrest and resisting arrest:

"When a person, being without fault, is in a place where he has a right to be, is violently assaulted, he may, without retreating, repel by force, and if, in the reasonable exercise of his right of self defense, his assailant is killed, he is justified." Runyan v. State, 57 Ind. 80; Miller v. State, 74 Ind. 1.

"These principles apply as well to an officer attempting to make an arrest, who abuses his authority and transcends the bounds thereof by the use of unnecessary force and violence, as they do to a private individual who unlawfully uses such force and violence." Jones v. State, 26 Tex. App. I; Beaverts v. State, 4 Tex. App. 1 75; Skidmore v. State, 43 Tex. 93, 903.

"An illegal arrest is an assault and battery. The person so attempted to be restrained of his liberty has the same right to use force in defending himself as he would in repelling any other assault and battery." (State v. Robinson, 145 ME. 77, 72 ATL. 260).
    "Each person has the right to resist an unlawful arrest. In such a case, the person attempting the arrest stands in the position of a wrongdoer and may be resisted by the use of force, as in self- defense." (State v. Mobley, 240 N.C. 476, 83 S.E. 2d 100).     "One may come to the aid of another being unlawfully arrested, just as he may where one is being assaulted, molested, raped or kidnapped. Thus it is not an offense to liberate one from the unlawful custody of an officer, even though he may have submitted to such custody, without resistance." (Adams v. State, 121 Ga. 16, 48 S.E. 910).     And on the issue of actually killing an arresting officer in self defense:

"Citizens may resist unlawful arrest to the point of taking an arresting officer's life if necessary." Plummer v. State, 136 Ind. 306. This premise was upheld by the Supreme Court of the United States in the case: John Bad Elk v. U.S., 177 U.S. 529.
Comment by Jason Campbell
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 I am sure they were told by the judge that they were ONLY deciding if he was evading police when he locked himself in the bathroom and not wheter the police had the right to do what they did or if it was a lawful arrest to begin with.

Comment by Stupid Amerkin
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The power of the judge or prosecutor over the jury is in direct proportion to the jury’s ignorance.

 This jury must have had their head way up their ass or was manipulated


This must have been in Indiana where it is against the law to protect your home and family.

Comment by Stupid Amerkin
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How much more of this madness are the people going to deal with?

Comment by Joe Tittiger
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Nine cops?

They came with the mind set they were going to kick ass. The victim never had a chance.

Comment by Joe Tittiger
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What a criminal freaking jury! They said he had been wronged yet they convicted him!!! WTF?

Comment by Joe Tittiger
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Juries are brain dead in the land of the free. Hope you never have to depend on one.

Comment by Jerry Alexander
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So what? You don`t really think an American in his community will do anything about it;Do You?

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