Baldwin v. Commonwealth

645 S.E.2d 433 (2007)

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Nature of the Case

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Facts

Officer Bowen observed D traveling 25 miles per hour over the posted speed limit in a residential area. Bowen followed and both vehicles turned onto Route 10 before Bowen activated his emergency equipment. D brought his car to a stop on the paved right-hand turn lane of the road with a clear path in the turn lane in front of his vehicle. Bowen parked about a vehicle and a half-length behind D, and then approached D's vehicle on foot. He stopped by the 'driver's side rear passenger window' and 'the driver's door' of D's vehicle, keeping his 'hand down on the vehicle in case D tried to pop the vehicle or open his door.' D was speaking on a cellular telephone, so he tapped on D's window. D 'put both hands on the steering wheel and turned his vehicle towards Bowen, and then proceeded over two lanes of traffic and sped off.' Bowen pushed off the back of the car to avoid it from running over his feet. D was now chased by several officers and stopped seven miles from the location of the initial stop. D was charged with attempted murder. D testified he fled after 'panicking' because of an outstanding warrant for his arrest for violating the terms of his probation for a DUI conviction. D denied intending to strike Bowen with his vehicle. Even Bowen testified that D did not put his car in reverse and that D never tried to strike him with the vehicle. D was convicted and the appeals court affirmed. D appealed.