City of Columbus v. Wenger

1978 Ohio App. LEXIS 7886 (1978)

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City of Columbus v. Wenger

Ohio Court of Appeals
1978 Ohio App. LEXIS 7886 (1978)

  • Written by Sharon Feldman, JD

Facts

Rex Wenger (defendant) was a demonstrator against a Ku Klux Klan rally. Officer Joseph Whalen was part of a special group of plainclothes police officers assigned to attend the rally to conduct surveillance and arrest lawbreakers. Whalen saw a demonstrator, Cathy Pekel, throwing eggs at the Ku Klux Klan members. After the rally, Whalen approached Pekel to arrest her. Pekel resisted. Wenger saw the struggle and came to Pekel’s assistance. Wenger hit Whalen in the lower back with the stick holding the sign he was carrying. Wenger was indicted for obstructing official business, resisting arrest, and assault. Wenger testified that he believed Pekel was in danger, intervened to protect her, and would not have intervened had he known that Whalen was a police officer conducting an arrest. Wenger was convicted of assault. Wenger argued on appeal that the trial court should have instructed the jury that the use of force upon another is justifiable when, under the circumstances as the actor believes them to be, the person whom the actor seeks to protect would be justified in using protective force and the actor believes his intervention is necessary to protect the other person.

Rule of Law

Issue

Holding and Reasoning (Reilly, J.)

Dissent (McCormac, J.)

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