High Court upholds Air Force man’s arrest

TRENTON – A Burlington County military man who shut his front door on police officers trying to enter his home without a warrant was guilty of obstructing justice, the state Supreme Court ruled Monday.

The unanimous decision also upheld the conviction of Evan Reece for resisting arrest during an incident at his Pemberton Township home in January 2009.

The High Court said Pemberton Township police acted properly after an officer responded to Reece’s home for a “dropped” 911 call, one where nothing is said to the emergency dispatcher.

Reece told the officer he was alone in his home, denied making the call and showed his cellphone to support his claim. The officer, Sgt. Peter Delagarza, looked through the open front door and saw nothing suspicious, the ruling says.

But Delagarza noted three vehicles parked outside Reece’s home on the 400 block of California Trail and saw an abrasion on the Air Force captain’s hand that could have been caused by a punch, the ruling said.

Delagarza, who called for two backup officers during the exchange, also felt Reece showed agitation after being asked about his marital status. According to the ruling, Reece answered, “I don’t see what business it is of yours anyway, but I’m married.”

When Delagarza asked to enter the home and look around, Reece refused and Delagarza said police “needed to check the house.” Reece responded “by slamming the door closed and attempting to lock it, while the officers pushed the door open,” the ruling said.

Police then subdued Reece, striking him several times, and arrested him, according to the ruling.

No additional charges were brought as a result of the house search.

The High Court noted police generally need a warrant to search a person’s property, but an exception is allowed under the “emergency aid doctrine” when officers reasonably believe someone’s life or well-being may be at risk. It said Delagarza had an “objectively reasonable basis” to believe an emergency existed.

An appellate court previously saw the case differently, unanimously overturning Reece’s obstruction conviction on the grounds that police entered the home illegally. Monday’s decision reinstated the conviction.

The High Court also upheld Reece’s conviction for resisting arrest, noting he pulled his hands away from officers “and dragged the officers to the floor.”

Justin T. Loughry, a Camden attorney representing Reece, noted lower courts had acquitted the pilot of two counts of assaulting a police officer.

“I continue to believe that, under the evidence of this case, Evan Reece never intended to resist arrest or to obstruct the administration of justice,” Loughry said.

“He was simply asserting what he saw as his right to be left alone. The court has seen it otherwise.”

New Jersey Deputy Attorney General Daniel Bornstein, who handled the state’s appeal, said the court “employed a common-sense interpretation of the emergency-aid doctrine.”

“We also are gratified that the court reaffirmed the principle that a suspect may not engage in self-help and interfere with a police officer’s lawful performance of official functions, regardless of his personal belief that the police conduct is unconstitutional,” Bornstein said.

Jim Walsh; (856) 486-2646; jwalsh@gannettnj.com