Homeless Man Found Not Guilty in Scuffle with Orlando Cop

**kellyhound** · #1 ● 05-10-2016, 03:25 PM

A homeless man accused of assaulting an Orlando police officer in Parramore last summer was acquitted by a jury of a lesser charge last week, according to court records.

Terre Johnson, 44, was charged with resisting arrest with violence, resisting arrest without violence and battery on a law enforcement officer.

But before the jury deliberated on a verdict the judge dismissed the resisting charges and downgraded the battery on a law enforcement officer to simple battery, records show.

The jury found Johnson not guilty on Jan. 14.

The incident unfolded when Johnson was sitting on the curb along Ossie Street on Aug. 26 and was approached by Officer James M. Wilson.

Wilson told Johnson that he was on city-owned property and his feet are in the street.

Johnson's public defender Chelsea Simmons argued in a motion that Johnson was not doing anything illegal while sitting on the curb because he was not impeding traffic, according to records.

"A violation of [the] statute requires that the person actually interfered with traffic," Simmons wrote. "The mere potential to interfere with traffic is insufficient to justify a citation or detention."

Johnson also had a right to defend himself after Wilson attacked him, Simmons argued.

The incident was captured on video from onlookers and Wilson's body cam.

A cell phone video shows Wilson wrestling with Johnson. Wilson is on top while Johnson tries to hit the officer.

The body cam video shows what led up to the physical altercation.

The two argue for a few minutes with Wilson threatening to cite Johnson, and Johnson maintaining he did nothing wrong.

Johnson says to Wilson several times to "get out my face." He then tells Wilson to look up his background.

"It's gonna tell you to approach with caution and get some [expletive] backup because I love beating up cops," Johnson said, according to the video.

The video then shows Johnson getting up to walk away, and turning back toward Wilson with his fists balled up. Wilson then takes Johnson to the ground.

He tells Johnson to "stop resisting" before the video cuts out because the cord disconnected, according to an Orlando Police spokeswoman.

Orlando police alleged Johnson hit Wilson first and "continued to hit the cop."

Wilson suffered "significant injuries and great bodily harm to his mouth, and right eye as well as numerous cuts on his hands and knees," OPD said.

Johnson also suffered injuries. In his arrest photo, his head is bandaged and has some blood on it.

Orlando police declined comment Thursday, saying Wilson is the subject of an open internal affairs investigation.

In a previous statement, Orlando police said the department takes all "response to resistance" incidents seriously.

Johnson remains at the Orange County Jail on a separate battery on a law enforcement officer charge. In mid-December, authorities allege that he spit on an Orange County Corrections officer.

He is awaiting trial in that case, records show.

It's the third time he has been accused of assaulting a law enforcement officer.

In 2014, he pleaded no contest to resisting officer with violence and battery on a law-enforcement officer.