State Supreme Court resolves dispute over man’s altercation with Hobbs police

HOBBS, N.M. (KRQE) – The New Mexico Supreme Court has resolved a dispute over a man’s altercation with Hobbs police six years ago. Kentoine Penman and a companion were standing in the road when officers stopped to investigate. Another man, Shamus Wright, jumped into the mix and was arrested.

That’s when officers told Penman to back away but Penman refused, pushed one of them in the chest, and took off. Bystander video then showed an officer chasing Penman down and throwing him to the ground. At the time, then Hobbs Police Department Chief Chris McCall said he believed his officers acted appropriately.

Penman pled no contest but challenged it arguing that he was standing on the road not walking on it. He argued that the officers did not have reasonable suspicion that he broke the law.

The Court of Appeals did find his pedestrian on a roadway charge should be missed but kept the other charges including resisting and assaulting an officer intact. The state Supreme Court agreed and ruled that a defendant cannot respond violently if an officer is performing their official duties and is not using unreasonable force.

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