State v. Cornell, 222 N.C. App. 184 (Aug. 7, 2012)

(1) The evidence was sufficient to support a conviction for resisting, delaying and obstructing an officer during a 10-15 second incident. Officers observed members of the Latin Kings gang yelling gang slogans and signaling gang signs to a group of rival gang members. To prevent conflict, the officers approached the Latin Kings. The defendant stepped between the officer and the gang members, saying, “[t]hey was (sic) waving at me[,]” and “you wanna arrest me ‘cuz I’m running for City Council.” The officer told the defendant to “get away” and that he was “talking to them, not talking to you.” The defendant responded, “[y]ou don’t gotta talk to them! They (sic) fine!” Because the defendant refused the officer’s instructions to step away, there was sufficient evidence that he obstructed and delayed the officers. Furthermore, there was sufficient evidence of willfulness. Finally, the court rejected the defendant’s argument that his conduct was justified on grounds that he acted out of concern for a minor in his care. The court found no precedent for the argument that an individual’s willful delay or obstruction of an officer’s lawful investigation is justified because a minor is involved. In fact, case law suggest otherwise. (2) The trial court did not err by denying the defendant’s request for a jury instruction stating that merely remonstrating an officer does not amount to obstructing. The defendant’s conduct went beyond mere remonstrating.