Title: Cops Break Into Innocent Sleeping Woman’s Home, Shoot Her—Now She Faces Life in Prison Source:
From The Trenches/FTP URL Source:https://fromthetrenchesworldreport. ... he-faces-life-in-prison/258613 Published:Dec 11, 2019 Author:Matt Agorist Post Date:2019-12-12 02:25:02 by Deckard Keywords:None Views:19890 Comments:93
Winter Park, FL — Bobbie Sapp, 49, is a registered nurse, who has no criminal past. Despite never having committed a crime, because of the backward justice system in America, coupled with violent police welfare checks, Sapp is now facing the possibility of life behind bars.
On the night in question, Sapp had done nothing wrong, had committed no crime, and harmed no one—yet police broke into her home, raided her bedroom as she slept, and shot her. Then, they had the audacity to arrest her and charge her with multiple felonies.
Sapp’s nightmare began in September of 2017 as she slept comfortably in her own bed in her own home. Instead of waking up to her alarm that fateful morning, Sapp would wake up to multiple shadowy figures surrounding her in her bedroom, pulling off her covers, yelling at her, tasering her, and eventually, shooting her.
Sapp is so confident that she did nothing wrong that she went on camera recently with News 6 Orlando to tell her side of the story. It is nothing short of shocking. She says the entire incident began because her disgruntled ex-boyfriend used a police welfare check to deliberately harm her. It worked.
“He used this wellness check as a way to put me in harm’s way,” she said.
Indeed, instead of actually investigating the situation by knocking on the door, calling her, or any other number of non-violent means, cops helped this man — who did not live in the house and could have been anyone — break in to her home and then shoot this woman on his behalf.
“My girlfriend was threatening suicide last night, I just came to the house and trying to get in,” Sapp’s ex-boyfriend told the 911 operator.
Sapp says these were all lies. If she actually wanted to kill herself, she could’ve used one of the two guns which she regularly sleeps with. She did not.
“She is very well armed,” Sapp’s ex-boyfriend told the 911 operator when asked if Sapp had a gun.
“She’s threatened suicide by cop before,” he said.
There is no record of Sapp ever attempting to commit suicide by herself or by cop before. Also, if she was trying to commit suicide by cop that night — she would have had to call the cops. She did not call the police.
“I was asleep in my bed. I was not at all contemplating a suicide or suicide by cop,” Sapp told News 6.
Nevertheless, police show up to the home and start taking directions from Sapp’s ex, who did not live there.
“There’s one way into the house to crawl through a window and I don’t want to do that at this point. I want someone here with me,” Sapp’s ex-boyfriend said during the call.
When police arrived on scene, Sapp’s ex showed them how to break into the home and they followed his directions.
“I’m asking if there’s any weapons in the house, he tells me there’s enough weapons in the house to start a revolution,” officer Jeff Marcum, one of the responding officers, said according to an interview obtained by News 6.
Those weapons consisted of two pistols recovered from Sapp’s bed after she’d been shot.
Police claim that when they were breaking into Sapp’s home that they announced themselves as cops. However, when they got to Sapp’s bedroom, they admit that they did not announce themselves and she was still sleeping. She had no idea they were police.
“We’re yelling at her to, you know, let us see your hands, let us see your hands,” Marcum said.
Because the innocent woman who was just shaken out of sleep by heavily armed strangers in her bedroom, did not immediately begin to prostrate herself at the feet of her home invaders, force was escalated.
“I didn’t have my glasses on, I’m legally blind,” Sapp said. “I couldn’t identify anybody, but I remember there being shadows figures standing in my room. They pulled the covers off me.”
“At that point when she pulled the cover, Ms. Sapp immediately came up with a handgun and pointed it right at us,” Marcum told investigators.
Sapp disputes the notion that she ever pointed a gun. She says that had she actually pointed a gun, she would be dead because more than one of the cops would’ve fired their guns.
“If I had been pointing my gun, the way they said that I was, why didn’t they all shoot me, instead of just one person?” Sapp asked. Indeed, as TFTP has reported on a regular basis, cops are more than willing to shoot someone for merely reaching for areas where there may be a gun. If you actually point a gun at a cop, especially four of them, rest assured, you are going to be filled with holes immediately.
Instead of shooting her, one cop deployed his taser. Marcum, apparently scared of his own shadow then did what the other officers in the room never felt necessary: he pulled out his gun and put a bullet into Sapp.
This innocent woman, who had harmed no one, was asleep in her own bedroom, and did nothing wrong, was then shot in the shoulder and arrested.
“It doesn’t make any sense that they would come in that way unless they were lied to by somebody that was using this well-being check as a tool to put me in harm’s way,” Sapp said. “To process that has been really, really difficult. It’s something that could happen to anyone.”
Despite the fact that not a single cop was injured, and the fact that Sapp never fired of a round, and the fact that she was the one who was shot, this woman was arrested and charged with the following felonies:
Att. First Degree Murder Of Leo W/firearm Att. First Degree Murder Of Leo W/firearm Agg. Assault On A Leo (w/ A Deadly Weapon) Aggravated Assault With A Deadly Weapon Aggravated Assault With A Deadly Weapon Aggravated Assault With A Deadly Weapon Resisting Officer With Violence
Sapp, whose trial begins this month, now faces the possibility of life behind bars for attempting to defend herself against multiple armed home invaders who happened to wear badges. All of this, of course, was carried out for her own safety.
I fail to see what possibly could be gained by the police making a wellness check in the dark. A phone call, a knock on the door after say 8 AM? Or putting a cruiser in the driveway blocking any exit by vehicle until the lady comes out, or begins her day. There is no right in the police action on this night, and a whole lot of wrong.
I fail to see what possibly could be gained by the police making a wellness check in the dark. A phone call, a knock on the door after say 8 AM?
The report was that the woman was armed and had been threatening to commit suicide by cop.
A PHONE CALL... Are you armed and threatening to commit suicide by cop? Can we come over to talk about it?
A KNOCK ON THE DOOR AFTER 8 a.m. ... She answers blam! blam!! Oh, the report was serious?
The cops have the advantage making silent entry in the dark and approaching the subject sleeping in her bed. This is especially true if they deploy night vision equipment.
Winter Park police officer shoots armed woman threatening suicide, police say
Woman's injuries non-life-threatening, could face charges
WINTER PARK, Fla. – A Winter Park police officer shot a woman Sunday morning after she pointed a gun at the officer, officials said.
The shooting happened after police responded at 8:27 a.m. to a well-being check on Bobbie Sapp, 46, who had been threatening to commit suicide by cop at 1313 Buckingham Road, according to the Winter Park Police Department.
Officers were told that the woman had multiple firearms inside her home.
Winter Park police Sgt. Garvin McComey said officers tried to talk with the woman, who started pointing a gun at one officer. Officers tried to subdue the woman with a Taser, but she continued to point the weapon, police said.
The officer shot her in the right shoulder after she did not respond to several commands to put the gun down, he said.
The woman was taken to an area hospital with non-life-threatening injuries, McComey said.
[Matt Agorist] On the night in question, Sapp had done nothing wrong, had committed no crime, and harmed no one—yet police broke into her home, raided her bedroom as she slept, and shot her. Then, they had the audacity to arrest her and charge her with multiple felonies.
[Jeremiad #13] How can she commit suicide by cop if the cops don't show up to a dark and sleeping house and barge in?
[Watchman #14] silent entry in the dark? deploy night vision equipment When police arrived on scene, Sapp’s ex showed them how to break into the home and they followed his directions.
Hey check this out. The call to police was at 8 a.m.
Per the boyfriend's instructions, they opened the kitchen window and unlocked the back door with a clothes hanger.
Winter Park police shoot woman during well-being check
Woman faces criminal charges
[excerpt]
It happened 8 a.m. on a Sunday in September 2017. While Sapp was fast asleep in the Winter Park home she rented, her ex-boyfriend was calling Winter Park police.
"My girlfriend was threatening suicide last night, I just came to the house and trying to get in," Sapp's ex-boyfriend told the 911 operator.
It was a five minute, 34 second call that Sapp said changed her life.
"She is very well armed," Sapp's ex-boyfriend told the 911 operator when asked if Sapp had a gun.
"She's threatened suicide by cop before," he said.
"I was asleep in my bed. I was not at all contemplating a suicide or suicide by cop," Sapp told News 6.
When police arrived, Sapp's ex showed them how to enter the house, according to an interview with officer Jeff Marcum obtained by News 6.
"There’s one way into the house to crawl through a window and I don't want to do that at this point. I want someone here with me," Sapp's ex-boyfriend said during the call.
One officer lifted a kitchen window, leaned in and used a clothing hanger to unlock the back door, according to police.
Meanwhile, Marcum was still getting information from Sapp's ex.
"I'm asking if there's any weapons in the house, he tells me there's enough weapons in the house to start a revolution," Marcum said.
Then the three officers made their way into the house, through the living room, and finally to Sapp's bedroom where they see her sleeping.
"I'm thinking about the call suicide by cop," Marcum says during the interview.
Marcum, a 23-year-veteran with the Winter Park Police Department, describes in an interview with the Florida Department of Law Enforcement what happened next.
"We're yelling at her to, you know, let us see your hands, let us see your hands," Marcum said.
"I didn't have my glasses on, I'm legally blind," Sapp said. "I couldn't identify anybody, but I remember there being shadows figures standing in my room. They pulled the covers off me."
"At that point when she pulled the cover, Ms. Sapp immediately came up with a handgun and pointed it right at us," Marcum told investigators.
Sapp admits she slept with two guns. She and her ex had been in a fight the night before and she feared it was him coming back to the house, she said.
Hey check this out. The call to police was at 8 a.m.
Yeah, I know it was 8 a.m.
How did YOU arrive at "night vision equipment"?
The cops have the advantage making silent entry in the dark and approaching the subject sleeping in her bed. This is especially true if they deploy night vision equipment.
I mean, aside from the body cam "found footage" I presented lol
Silly me, I read the Matt Agorist thread article and did not fact check his "reporting" that it was night. I know better than to believe a word written by that source, but don't have the time to check his each and every statement.
[Matt Agorist/Thread Article] On the night in question, Sapp had done nothing wrong, had committed no crime, and harmed no one—yet police broke into her home, raided her bedroom as she slept, and shot her.
[Jeremiad #9]
#9. To: Deckard (#0)
I fail to see what possibly could be gained by the police making a wellness check in the dark. A phone call, a knock on the door after say 8 AM?
[...]
If, when responding to the thread article, you knew it was 8 AM, why did you talk about the police making a wellness check in the dark?
A PHONE CALL... Are you armed and threatening to commit suicide by cop? Can we come over to talk about it?
A KNOCK ON THE DOOR AFTER 8 a.m. ... She answers blam! blam!! Oh, the report was serious?
The cops have the advantage making silent entry in the dark and approaching the subject sleeping in her bed. This is especially true if they deploy night vision equipment.
Okay, we've established that it is 8 am.
The real question is...how did you go from a phone call being a bad idea...and a knock on the door being a bad idea...to the rather bizarre idea of having them go in like Seal Team 6?
And we have established that your conflicting claims said you knew it was 8 a.m. and then went on the say it was dark.
The real question is...how did you go from a phone call being a bad idea...and a knock on the door being a bad idea...to the rather bizarre idea of having them go in like Seal Team 6?
They went in prepared to meet an armed person who reportedly threatened to commit suicide by cop. You may approach that by giving advance notice that you are coming, and arrive with a sympathy blanket to put around her. Or you may delay, as you suggested, inviting a negligence lawsuit.
Blindness was not the best defence for pointing a gun at the police. She should have gone with being suicidal.
The real question is...how did you go from a phone call being a bad idea...and a knock on the door being a bad idea...to the rather bizarre idea of having them go in like Seal Team 6?
They went in prepared to meet an armed person who reportedly threatened to commit suicide by cop.
...reportedly
Is that your vision for America?
Any joker can make a 911 call, stand outside of any house, and direct military police into the house while the occupants sleep?
You're gonna fit right in to the Pope's New World Order.
Any joker can make a 911 call, stand outside of any house, and direct military police into the house while the occupants sleep?
Of course, police respond to the report they receive and not to the Monday morning quarterbacking of some lying gobshite on a website.
Or as Matt Agorist would put it, they put her in jail with no bond for no reason at all.
You're gonna fit right in to the Pope's New World Order.
Of course, there is no indication that the Pope in particular, or Catholics in general, (or Jews, Muslims, ordinary Protestants or Fundies) had diddly squat to do with this case. That is just like the rest of your nutty drivel. Go write a wacko book about the Revelation.
And who are these "multi-handled nutbags" you refer to?
I reject watchmen, editors or interpreters who say stuff like, "My predictions, on the other hand have never even once failed to come to pass. I refute all futurists everywhere that ever appeared on this great Earth of ours, bar none. " Or, "After the Earth is destroyed by fire 1000 years from now (in a great war), those found worthy get to go to Mars and live in the New Jerusalem."
They are as reliable as an FBI midyear review. To use a Brit expression, it's all just a bunch of old Barry. It's like the stuff that issues forth from Matagorda, which looks like Spanish for kill the fat lady.
I'd believe that your mother and brother are Christians before I'd believe you are.
I'd believe you are a warped futurist fundie before I'd believe you are sane.
Just a reminder:
Title: Cops Break Into Innocent Sleeping Woman’s Home, Shoot Her—Now She Faces Life in Prison
But stalker ex-boyfriends who skulk around a former girlfriend's house seeking to get her harmed...you accept those.
I do not accept your geriatric juvenile brainfarts revising the law. Your predicate is bullshit.
There is the Community Caretaking Doctrine under which police receiving a call for a welfare check, and having reasonable grounds to believe that an inhabitant in a residence is endangered, can legally enter the premises with no search warrant or court order required.
It happened 8 a.m. on a Sunday in September 2017. While Sapp was fast asleep in the Winter Park home she rented, her ex-boyfriend was calling Winter Park police.
"My girlfriend was threatening suicide last night, I just came to the house and trying to get in," Sapp's ex-boyfriend told the 911 operator.
It was a five minute, 34 second call that Sapp said changed her life.
"She is very well armed," Sapp's ex-boyfriend told the 911 operator when asked if Sapp had a gun.
"She's threatened suicide by cop before," he said.
"I was asleep in my bed. I was not at all contemplating a suicide or suicide by cop," Sapp told News 6.
When police arrived, Sapp's ex showed them how to enter the house, according to an interview with officer Jeff Marcum obtained by News 6.
"There’s one way into the house to crawl through a window and I don't want to do that at this point. I want someone here with me," Sapp's ex-boyfriend said during the call.
One officer lifted a kitchen window, leaned in and used a clothing hanger to unlock the back door, according to police.
Meanwhile, Marcum was still getting information from Sapp's ex.
"I'm asking if there's any weapons in the house, he tells me there's enough weapons in the house to start a revolution," Marcum said.
Then the three officers made their way into the house, through the living room, and finally to Sapp's bedroom where they see her sleeping.
"I'm thinking about the call suicide by cop," Marcum says during the interview.
Marcum, a 23-year-veteran with the Winter Park Police Department, describes in an interview with the Florida Department of Law Enforcement what happened next.
"We're yelling at her to, you know, let us see your hands, let us see your hands," Marcum said.
"I didn't have my glasses on, I'm legally blind," Sapp said. "I couldn't identify anybody, but I remember there being shadows figures standing in my room. They pulled the covers off me."
"At that point when she pulled the cover, Ms. Sapp immediately came up with a handgun and pointed it right at us," Marcum told investigators.
Sapp admits she slept with two guns. She and her ex had been in a fight the night before and she feared it was him coming back to the house, she said.
She says she had taken a sleeping pill the night before but says she did not point a gun at the officers.
"Then I remember getting tazed, " Sapp said.
Marcum said when Sapp wouldn't comply, one officer tazed her.
"She still pointed the gun at us, then comes back toward me and then goes back toward Lt. Bologna and Officer Eller and I fired a round," he said.
Sapp was shot in the shoulder.
Looks like there was a pre-trial confinement hearing on 10/8/2019
Published by: Office of the State Attorney West Palm Beach, FL 33401 B. Krischer, Editor
[Extract]
Community Caretaking: The Fourth Amendment provides, in relevant part, “the right of the people to be secure in their . . . houses . . . against unreasonable searches and seizures shall not be violated.” “At the Amendment’s ‘very core’ stands ‘the right of a man to retreat into his own home and there be free from unreasonable government intrusion.’” Florida v. Jardines, (2013).
While it is a basic principle of the Fourth Amendment that warrantless searches and seizures inside a home are presumptively unreasonable, the ultimate touchstone of the Fourth Amendment is “reasonableness,” and it follows that the warrant requirement is subject to certain exceptions. One such exception applies when police officers engage in community caretaking function. Cady v. Dombrowski, (S.Ct. 1973). The Supreme Court has long described the “community caretaking functions” of law enforcement as activities that are ‘"totally divorced from the detection, investigation, or acquisition of evidence relating to the violation of a criminal statute.” Community caretaking functions are performed by law enforcement to “help those in danger.” “A police officer may enter a residence without a warrant as a community caretaker where the officer has a reasonable belief that an emergency exists requiring his or her attention.” The “reasonable belief” required under the community caretaker doctrine “is a less exacting standard than probable cause.”
A search or seizure under the community caretaking function is reasonable if the governmental interest in law enforcement’s exercise of that function, based on specific and articulable facts, outweighs the individual’s interest in freedom from government intrusion. “Our decisions therefore confirm that authorities may enter a private dwelling based on a reasonable fear of a medical emergency. In those limited circumstances, the sanctity of human life becomes more important than the sanctity of the home.” Eastes v. State, (5DCA 2007).
Court's Ruling:
The Court of Appeals, after listing the factors known to the officers, easily found their entry into defendant’s home without a warrant lawful.
“The specific, articulable facts known to the officers at the time they entered the residence include the following facts, based on [Reporter’s] calls and information from dispatch. Wallace left the halfway house and had not returned by 5:00 p.m., the time she indicated she would return. [Reporter] stated during her first call to 911 that Smith may be holding Wallace at his home against her will. [Reporter] also provided background information on Smith and Wallace’s previous dating relationship, including the existence of a no-contact order between them. The officers further learned from dispatch that other officers were unable to locate Wallace at a number of other locations. ... [Reporter] report that she was ‘sure’ Smith was armed. ... Further, only Smith responded to the officer’s initial knock on the door. Wallace had not responded to any phone calls or text messages since she left the half-way house, which was over three hours prior to the time the officers entered Smith’s residence. Finally, [Officer] noticed a person’s face at the back window of Smith’s home after Smith told officers Wallace was not at his home.”
“We are satisfied that the officers acted in their community caretaking function when they entered Smith’s residence. The circumstances resemble those in Harris and Quezada, in which officers responded to potential emergency situations to aid members of the community. See United States v. Harris, (8th Cir.2014) (holding that community caretaker doctrine applied when officers responded to a call that a gun was sliding out of the pocket of a sleeping individual at a bus station); United States v. Quezada, (8th Cir.2006) (holding that community caretaker doctrine applied when officer encountered an emergency situation while serving a child protection order). The officers in the present case received a call from a concerned member of the community regarding the safety of another community member. On the scene, the officers learned further details indicating serious concern for Wallace’s safety and establishing multiple reasons why she would be at Smith’s residence and held against her will or in danger.”
“We must next weigh the government’s interests in the officers’ entry against Smith’s right to be free from government intrusion. Smith contends that following his arrest, any emergency situation that the police officers may have believed existed inside the residence was extinguished... Here, the officers did not enter Smith’s residence as a protective sweep. As far as the officers reasonably knew at the time, Wallace could have been incapacitated within the residence in any number of ways that would prevent her from emerging from the residence following Smith’s arrest. Wallace’s lack of response to any calls or messages on her cell phone since leaving the halfway house further suggested that she was unable to respond. The fact that officers saw a face in the window undermined Smith’s claim that he was the only person in the home at the time and a reasonable officer on the scene could believe the person seen in the window required their assistance. The justification for the officers’ entry arises from their obligation to help those in danger and ensure the safety of the public. ...We agree and conclude that the officers reasonably believed an emergency situation existed that required their immediate attention in the form of entering Smith’s residence to search for Wallace.”
“Further, we conclude the scope of the encounter was carefully tailored to satisfy the purpose. The officers entered Smith’s residence for the purpose of locating Wallace. They first announced their presence at the entrance of the home but received no response. Within thirty seconds, Wallace called out and indicated she was ‘in the bedroom.’ The officers went to the bedroom and began speaking with Wallace there. Smith does not argue the officers ventured beyond the bedroom once inside his home. The firearm at issue in this case was lying on the bed in the bedroom where Wallace was located. It was only partially covered by a bed sheet. The plain view doctrine therefore applies. ...Because the officers had a lawful basis for entering Smith’s apartment under their function as community caretakers, the firearm lying on the bed in the room in which Wallace was found is admissible under the plain view doctrine.
AFFIRMED.”
Lessons Learned:
Community Caretaking is a powerful exception to the warrant requirement, but its application will be dependent on how the offense report is worded. Keep in mind that the basis for this warrant exception is that the police action is "totally divorced from the detection, investigation, or acquisition of evidence relating to the violation of a criminal statute." If applicable the report should be worded accordingly.
As noted in a case where an officer finds a motorist unresponsive in a vehicle, in the early morning hours, parked at a strip mall that was closed for the night. The court stated, “Based on the deputy’s concern for Dermio’s safety the fact that Dermio was unresponsive to the deputy’s attempts to communicate with him, we hold that no unreasonable search or seizure occurred prior to the deputy opening the car door and smelling marijuana. The deputy was merely conducting a welfare check and that conduct did not violate constitutional principles." Dermio v. State, (2DCA 2013).
Most community caretaking situations will arise from a 911 call for assistance. “A 911 call is a cry to the authorities for help. And until the investigating officer is reasonably satisfied that no emergency exists, he is within his legal duty to investigate such calls in a manner consistent with their emergency nature.”
“Indeed it is obvious that had the patrolmen been denied entry to the apartment they would have had the right, if not the duty, to gain entry forcibly.” In the Interest of J.B., (4DCA 1993).
Lastly, in those instances where the officers respond to an apparent domestic violence call for help, and the perpetrator stands at the door asserting his constitutional rights and demanding a search warrant prior to police entry, the U.S. Supreme Court had this to say in Georgia v. Randolph, (2006): “No question has been raised, or reasonably could be, about the authority of the police to enter a dwelling to protect a resident from domestic violence; so long as they have good reason to believe such a threat exists, it would be silly to suggest that the police would commit a tort [a civil wrong] by entering, say, to give a complaining tenant the opportunity to collect belongings and get out safely, or to determine whether violence (or threat of violence) has just occurred or is about to (or soon will) occur, however much a spouse or other co-tenant objected... ”
Why do you spew bullshit about the cops being invaders, stalkers or abusers?
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT
JOHNATHAN EASTES, Appellant, v. STATE OF FLORIDA, Appellee.
JULY TERM 2007 Case No. 5D06-3583 ________________/
Opinion filed July 13, 2007 Appeal from the Circuit Court for Brevard County, George W. Maxwell III , Judge.
James S. Purdy, Public Defender, and David S. Morgan, Assistant Public Defender, Daytona Beach, for Appellant.
Bill McCollum, Attorney General, Tallahassee, and Douglas T. Squire, Assistant Attorney General, Daytona Beach, for Appellee.
EVANDER, J.
[...]
On appeal, Eastes first argues that the trial court erred in failing to exclude any evidence obtained subsequent to Officer Wical's warrantless entry into his apartment. Although it is unclear as to what evidence Eastes requested to be suppressed, we will address the legality of Officer Wical's entry into the apartment. The Fourth Amendment does not bar a police officer from making a warrantless entry into a residence when the officer reasonably believes that a person within is in need of immediate aid.See Mincey v. Arizona, 437 U.S. 385, 392 (1978); Riggs v. State, 918 So. 2d 274, 279 (Fla. 2005).
Our decisions therefore confirm that authorities may enter a private dwelling based on a reasonable fear of a medical emergency. In those limited circumstances, the sanctity of human life becomes more important than the sanctity of the home.
Riggs, 918 So. 2d at 281. Furthermore, it is immaterial whether an actual emergency existed. The test is whether the officer reasonably believed an emergency existed at the time of the warrantless entry.Seibert v. State, 923 So. 2d 460, 468 (Fla.), cert. denied, 127 S. Ct. 198 (2006). The officer's search must be "strictly circumscribed by the exigencies which justify its initiation." Mincey, 437 U.S. at 393. Thus, an officer must cease a search once it is determined that no emergency exists. Seibert, 923 So. 2d at 468.
In the present case, Officer Wical had a reasonable basis to believe that a medical emergency existed at the time he entered Eastes' apartment. The officers were responding to a "disturbance, possible suicidal person" call. Eastes had blood on both arms from his forearms to his fingers. There was broken glass on his apartment floor and his furniture was in disarray. Eastes made no attempt to dispel Wical's concerns for his (Eastes') safety at any time prior to Wical's entry into the apartment.
The concerns that justified Officer Wical's entry into the apartment were not alleviated prior to Eastes' battery of Officer Ashouri. After entering Eastes' apartment, Wical observed Eastes' arms were still bleeding and there was blood on the microwave door, on a table, and on the floor. Additionally, Eastes continued to refuse to provide any information to Wical, which might alleviate Wical's belief that Eastes was a threat to harm himself. The evidence amply supports the trial court's conclusion that Officer Wical had legally entered Eastes' apartment.
