Site icon JONATHAN TURLEY

“Tase The Baby”: Florida Man Allegedly Uses Baby As Human Shield

We have another contestant for Worst Person in the World. Jorge Garcia, 39, in Florida was confronted by police for acting strangely and told to get out of his car. When he refused an officer pulled out his stun gun. That is when Garcia allegedly used an infant as a human shield. He reportedly told the officer “Tase the Baby.’

Jorge Garcia has been charged with child neglect without great harm and resisting an officer without violence.

This is not the first case of a baby being used as a human shield, here and here.

I am interested in the charge of “resisting an officer without violence.” Here is the provision:

843.02 Resisting officer without violence to his or her person.–Whoever shall resist, obstruct, or oppose any officer as defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9); member of the Parole Commission or any administrative aide or supervisor employed by the commission; county probation officer; parole and probation supervisor; personnel or representative of the Department of Law Enforcement; or other person legally authorized to execute process in the execution of legal process or in the lawful execution of any legal duty, without offering or doing violence to the person of the officer, shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

Presumably, this would include blocking the officer and locking a door. However, is holding a baby as a human shield a violent or nonviolent act?

For the story, click here

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