Appeals Court struck down felony charge against Mitchell Burton

A ruling from the Indiana Court of Appeals takes a closer look at the actions of some South Bend Police Officers on Christmas Day of 2010.

The Appeals Court struck down the felony, resisting law enforcement conviction of Mitchell Burton in part, because dash cam video shows one officer threatened to shoot burton in the head before breaking the window of burton's car, dragging him to the ground, and breaking some of Burton's facial bones.

Burton's conviction was overturned, because the trial judge refused to instruct the jury that Burton may have had the right to defend himself because officers are allowed to use "no more force than necessary" to affect an arrest.

Burton was found sleeping in his stopped car, which was in gear, and had bumped into a pickup truck in front of him.

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