The Appeals Court heard argument in docket 25P0328, Commonwealth v. Nascimento, where appellant counsel Corey Arder argued the evidence was insufficient to support convictions for resisting arrest and assault and battery on an officer because Mr. Nascimento did not know he was under arrest and acted in self-defense against excessive force.

Arder recounted bystander video and trial testimony showing a chase from a liquor store, a tackle, multiple officers on top of the defendant, pepper spray, taser deployment, kicks and punches and a subsequent alleged bite and ambulance incident. He argued the critical question is when the arrest was effected and whether the defendant reasonably believed he was being unlawfully seized.

Jennifer Thompson for the Commonwealth said officers intended to arrest the defendant, officer Boulet testified he told the defendant he was under arrest during the takedown, and testimony and video supported findings that the defendant struggled, kicked and bit officers, creating sufficient evidence for resisting arrest and assault convictions. Counsel also argued that the jury instructions and evidentiary record allowed the jury to weigh self-defense and excessive-force claims.

Panel members probed the sequence of events and how a short, chaotic struggle should be viewed on appeal. The matter was submitted to the court.