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State v. Campbell1/5/2001
r and her car was towed to "Sterrett's Tow Lot Towing" in Bellevue, Nebraska. On Saturday, May 22, Campbell's friend, Rowena Novy, drove Campbell to the tow lot to retrieve Campbell's car. Upon arriving at the tow lot, Alvin Mitchell, a Sterrett's Tow Lot Towing employee, informed Campbell that she could not retrieve her car without obtaining the proper paperwork from the Bellevue Police Department. Mitchell told Campbell that she would not be able to get this paperwork until Monday. Campbell became upset and began shouting at Mitchell. Mitchell then told Campbell that she needed to leave. However, Campbell locked herself in her car and refused to leave. Campbell was unable to drive her car away from the tow lot because a tow truck was parked in front of her car.
Mitchell and Novy tried to convince Campbell to get out of the car, but Campbell refused. Mitchell then called police. Sgt. David Rech arrived at the tow lot and attempted to talk Campbell into getting out of her car. Rech told Campbell that she would not be arrested if she left the premises peacefully, but Campbell refused to exit the car. Rech called for backup, and Officer Mark Brazda arrived at the scene shortly thereafter.
Eventually, Campbell got out of the car. Rech told Campbell she was under arrest. Campbell then attempted to give her purse to Novy, but the officers did not allow her to do so. The two officers attempted to handcuff Campbell to take her into custody, but Campbell resisted. Campbell began screaming, swinging her arms, thrashing violently, and trying to break away from the officers. Brazda then performed a maneuver called a "straight arm bar take down," which resulted in Campbell's and both officers' falling to the ground. While the officers continued in their efforts to handcuff Campbell, Rech realized his finger was injured and that he could no longer assist in handcuffing Campbell. The officers then began to lose control of Campbell as she attempted to get up. Rech sprayed Campbell with pepper spray, and eventually Brazda was able to handcuff Campbell.
A rescue squad was called. Photographs taken at the scene depict Rech's severely dislocated finger and cuts and scrapes to Rech's knees which he suffered as a result of the scuffle.
Campbell was taken to the Sarpy County jail. While conducting a search of Campbell's effects, Brazda found a marijuana cigarette and some "Zig-Zag" rolling papers in Campbell's purse. During an interview conducted by Brazda at the jail, Campbell stated that she was upset about not being able to get her car out of impound but that she did not intend to injure Rech.
Campbell was charged with third degree assault on a police officer under Neb. Rev. Stat. § 28-931 (Cum. Supp. 2000); second degree trespass under Neb. Rev. Stat. § 28-521 (Reissue 1995); possession of marijuana, less than 1 ounce under Neb. Rev. Stat. § 28-416(13) (Cum. Supp. 1998); drug paraphernalia under Neb. Rev. Stat. § 28-441 (Reissue 1995); resisting arrest under Neb. Rev. Stat. § 28-904 (Cum. Supp. 2000); and obstructing a peace officer under Neb. Rev. Stat. § 28-906 (Reissue 1995). Campbell pled not guilty to all counts. Trial was to the court without a jury on December 1 and 3, 1999.
At trial, Mitchell testified that before Campbell got inside her car and locked the door, he told Campbell that she needed to leave the tow lot. Novy also testified that Mitchell told Campbell to leave, but Campbell refused and instead locked herself in her car.
There was some dispute in the testimony as to when Campbell was first informed that she was under arrest. Rech testified that Campbell got out of the car and that he told her she was under arrest. Rech testifi
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