Unlawful Entry Charge for Refusing to Leave a Zoo Concert

My question involves criminal law for the state of: DC

On May 11, 2014, I was arrested and charged with Unlawful Entry. The incident in question occurred during a charity concert at the National Zoo in Washington DC. Unlawful Entry is defined by DC law as:

It is illegal in D.C. to enter or attempt to enter any private dwelling, public building or other property or to remain within such property without lawful authority and against the will of the lawful occupant. ”Private dwelling” is defined as a privately owned house, apartment, condo or any other building used as living quarters. The maximum penalty for this offense is a $1,000 fine and 180 days of imprisonment. D.C. Criminal Code 22-3302.

I don't have the money for a lawyer, and I'm trying to fight the charge myself. Below is my account of the events. Did the police have authority to do this? Should I get statements from witnesses? How should I present the evidence in court? My court date is set for next week.

When I arrived after work, I joined a few friends near the front of the stage. There was a crowd of about 400, sitting on Lion/Tiger Hill, trying to beat the sun, waiting for the band. PTM came out at 6:30 and a few of us stood up to welcome them. A few boo's came from the back, we chuckled among ourselves and sat down. The band got through the first few songs with a few members of the crowd bobbing their heads back and forth. I was floored. I'm a pretty timid guy and my set of dance movements is mostly limited to the sway and the sway with clap but this was something else. When the second verse of Evil Friends hit, I was done. I stood up again, hoping to gradually bring more from the crowd up with me. The boo's came for a few seconds, and a police officer came up to talk to me.
"Sit Down."
"Sir, I'm here for the music, I intend to stand."
"Come with me."
"I'm here for the music, I intend to stand."
"Come with me."
A second officer approached me, and then a third, and the first officer grabbed my wrist. I took a few steps toward the stage to place both of my hands on the barrier.
"I'm not going anywhere until you tell me why."
There was no verbal rudeness on either side. The tapes start rolling here. The cuffs came out, the band stopped playing and tried to diffuse the situation. I kept asking what I was being arrested for, but recieved no answer. As they pulled me away, I clung onto the chained fence, and one of the officers brought me to the ground in a headlock. They piled on top, my legs still between the links of the fence. After a minute they got the cuffs on me.

They lead me to their office, asking for identification, address, etc. I refused to answer any other questions. I stopped asking what I was being arrested for since by this point it was obvious they were trying to figure that out themselves. There was a "what now?" presence in the room with all the officers looking at each other from time to time. They needed something, they couldn't release me without making the arrest justified. 20 minutes passed with me trying to make awkward small talk.

As the band was finishing the set, they lead me out, sat me in their van, and drove me to the metropolitan police station. As they transferred custody, I asked the metropolitan police again what I was being arrested for.
"That is not our job, the zoo police handed you over".
"Yes sir, but I need to know what I’m arrested for to comply."
The metropolitan police were in the middle of re-cuffing me, and placed their hands on me to move me (maybe for a search?), I didn't follow their cue, and was promptly wrestled to the ground again. I felt a sharp pain come from my side around the rib area. They sure know how to hurt you just enough so to not leave a major mark. They cuffed me in two pairs of cuffs and sat me in an empty cell. I could feel my hands starting to numb. At least two hours passed. I could hear distant conversations: "we're running out of time", with the words "zoo police" repeated over and over again. I kept asking for water as I still hadn't had a drink since my arrest. One of them came out and started questioning me again. "I'm not answering a single other question until I go to the hospital." The officer saw the swelling on my hands, the scratches of my face and knees and arranged a transport. They kept the cuffs on, but loosened them.

My first drink of water was past midnight at the hospital. My cuffs were taken off when I was brought back and fingerprinted around 2:30 in the morning. That was the first time I heard the reason for my arrest: Unlawful Entry. That's right. Unlawful Entry in the middle of the day in the Metropolitan Zoo. The officer doing the fingerprinting laughed with me when I told him the story... "haha zoo police".

My girlfriend picked me up from the station, we got ihop, and went home as the sun rose. If you're outside, stand up, sit down, whichever, just enjoy the music.

A few quick words of wisdom:

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Quoting arrestedatthezoo

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"I'm not going anywhere until you tell me why."

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That's not the way it works.

Quote:

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Quoting arrestedatthezoo

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As they pulled me away, I clung onto the chained fence, and one of the officers brought me to the ground in a headlock. They piled on top, my legs still between the links of the fence. After a minute they got the cuffs on me.

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How'd that work out for ya?

Quote:

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Quoting arrestedatthezoo

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They needed something, they couldn't release me without making the arrest justified.

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Actually, they could as mistakes do happen. I'm guessing their side of the story is far different. Incidentally, they could have charged you with several things instead of what they did.

Quote:

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Quoting arrestedatthezoo

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"Yes sir, but I need to know what I’m arrested for to comply."

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No, you don't. Compliance will save you injuries when you resist. The courtroom is where you fight a charge.

Quote:

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Quoting arrestedatthezoo

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The metropolitan police were in the middle of re-cuffing me, and placed their hands on me to move me (maybe for a search?), I didn't follow their cue, and was promptly wrestled to the ground again. I felt a sharp pain come from my side around the rib area. They sure know how to hurt you just enough so to not leave a major mark.

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How'd that work out for ya?

Ah yes, I did miss that part. I removed the link, although that article did not contain the name of anyone involved. I'm aware "That's not the way it works." I was full of emotions from the event. Thank you for your words of wisdom, but I came here to seek courtroom advice.

You did not have lawful authority to remain when told to leave. Even the peace loving crowd clearly wanted you removed. I love their comments. You are not only guilty, you posted the evidence of your guilt all over the internet.

Well hold on a second, I was never "told to leave the premises". An officer did ask "come with him" but that's about it. The comments sections is quite a good read, I agree. But at the end of the day, the legal facts of the mater stay the same.

A question on the side, say an officer tells you to leave all DC public property, are you expected to face arrest if you don't comply?

Nice picture of you...

http://dcist.com/attachments/dc_matt...zooconcert.jpg

http://dcist.com/2014/05/man_removed...oo_concert.php

Someone told me it's all happening at the zoo. I do believe it, I do believe it's true.

Once you were told to come with him, your welcome was worn out. Then you resisted, obstructed and created a public nuisance. Which you could have been charged with instead of the trespass charge.

Since you are not a very sharp crayon I will repeat the conversation. It clearly shows you were asked to leave the location you were standing and not only refused, resisted. I propose their reluctance was not in whether what anyone was doing was legal, rather it was a genuine concern for your future based on the pending conviction for what they realized was childish and not criminal behavior.

Quote:

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"Sit Down."
"Sir, I'm here for the music, I intend to stand."
"Come with me."
"I'm here for the music, I intend to stand."
"Come with me."
A second officer approached me, and then a third, and the first officer grabbed my wrist. I took a few steps toward the stage to place both of my hands on the barrier.
"I'm not going anywhere until you tell me why."

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Quote:

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Quoting arrestedatthezoo

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Well hold on a second, I was never "told to leave the premises". An officer did ask "come with him" but that's about it. The comments sections is quite a good read, I agree. But at the end of the day, the legal facts of the mater stay the same.

A question on the side, say an officer tells you to leave all DC public property, are you expected to face arrest if you don't comply?

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Quote:

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Things, unfortunately, did not go smoothly: a man was removed by police for allegedly refusing to sit down during the performance, disrupting the concert for fans sitting on the lawn. "Last night at the concert, where guests were sitting on the lawn, one person stood up and was blocking the audience’s view of the band," a Zoo spokesperson said. "He was repeatedly asked to sit down and resisted the requests. He was removed when he didn’t cooperate and was turned over to [the Metropolitan Police Department.]"

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so you were the drunken idiot standing up blocking people's view?.

, it looks like trespassing and resisting arrest could be added as well and depending on the specifics of the laws, a drunk in public and maybe even disorderly conduct.


what are you looking for? You don't have any defense to much of anything here. You were in the wrong and, if you didn't notice it, the crowd cheered loudly when you were taken away.

a couple of the posts from the link:

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He was definitely being a douchebag, screaming profanities and arguing with audience members. Way to not include that in the article.

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Completely agree. I was there as well, about 10 ft from the incident. The guy repeatedly resisted polite requests from the cop to sit down, and even a request to talk it out on the sidelines. They only brought in more officers because the kid was clinging onto the barricade and stage, in effect destroying property and putting the entire front row at risk of getting whacked in the head with a metal grate. I don't think the force was excessive as I'm not sure what else the cops could have done. I think his group of friends were drunk, because they were disproportionately out of line. I'm all for fighting the man, but this was just stupid antics by someone destroying the show for everyone else.

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the band thought you were an idiot as well:


Portugal The Man ✔ @portugaltheman
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Don't think we won't fight for shit, we just don't fight for stupid shit. #sitdown #standup #courtesy #manners #respect

It seems that you are getting too invested in the comments section of the news article. There was a gentleman next to me who did do some questionable things. I think a few people didn't realize that we weren't related. I merely silently stood up. Not sure where you got intoxicated from. I don't see a reason for a disorderly conduct charge as I wasn't violent, mouthed off to anyone, or threatened anyone. Resisting arrest could only be added if this is recognized as a lawful arrest.

Thus is my reason for asking for legal advice. What is my best course of action in court?