State Of Hawai'i v. Decastro

913 P.2d 558 (1996)

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Nature of the Case

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Facts

Section 710-1027(1) (1985) states as follows: (1) A person commits the offense of resisting an order to stop a motor vehicle if he intentionally fails to obey a direction of a peace officer, acting under color of his official authority, to stop his vehicle. D and his employee, Westley Damas, were returning to D's warehouse from a delivery in Wahiawa. They observed police officer Derek Rodrigues in a Honolulu Police Department blue and white vehicle (No. 734) nearly cause a 'four-car accident' while pursuing a speeding motorist later identified as George Hernandez (Hernandez). Hernandez had no passenger in his vehicle. Rodrigues had stopped Hernandez to issue him a citation for speeding. Rodrigues noticed a white van stop about four car lengths behind his patrol car. Officer Rodrigues saw D in the driver's seat and Damas in the passenger's seat of the Van. D stopped because he believed Officer Rodrigues had driven his police car in a reckless manner. D remained in the Van and noted the license plate numbers of Officer Rodrigues' and Hernandez' vehicles. Rodrigues thought that D was a friend of Hernandez. Rodrigues approached the driver's side of the Van and asked, 'Oh. You with those guys up there?' D replied, 'No. Do we look like we're with those guys?' D and Damas testified that, while holding his baton or nightstick in his hand, Rodrigues made the following statement: 'Oh, you getting pretty cocky, aren't you? You want to get cocky . . . Eh, you fucker, you like beef? You like beef, you fucker? Step out. Both of you. Come on, step out.' D and Damas chuckled. Rodrigues' statement led D to be concerned for his and Damas' safety. Rodrigues demanded D's license, and vehicle registration and insurance card, which DeCastro willingly provided. Officer Rodrigues then ordered D to 'wait' while Officer Rodrigues returned to his patrol car. D dialed 911 on his cellular phone and eventually reached 911. In the conversation, D stated he was being harassed by a policeman and that the policeman was driving recklessly and wanted to fight D. He reported the number of the car and then stated all he wanted to do is go to his warehouse. The operator told D that 'when you get to the warehouse, call back.' D was worried that the officer would chase him if he left. The operator told D, 'Just go to the warehouse, and then call back.' D drove off, and the Officer gave chase. D was afraid to stop and asked for the Supervisor at 911. The Supervisor stated that the guy chasing him could not be an officer. Other police card joined the chase. D eventually pulled over but only after Sergeant Dow pulled in front blocking his escape. D refused to open the door, the window remained locked, and he continued talking on his cellular phone. The first remark that DeCastro made as he stepped out of the van was 'the chief told' him 'not to stop.' D was convicted and fined. D contends that he lacked the requisite specific intent to commit the crime because he consulted with and relied on the 911 telephone operator's permission to leave the scene.