Thomas Charles Armstrong, accused of resisting arrest during an altercation with police, appeared in court Friday, with his lawyer insisting that Armstrong was the victim of over-aggressive police.
Armstrong was advised of his rights in connection with the misdemeanor charge but did not enter a plea, which he will do later, said his lawyer, Walter Gerash. Armstrong said he plans to plead not guilty but declined further comment.
Armstrong was subdued by Denver and Aurora police at East 11th Avenue near Xenia Street on Nov. 11 after reports that Armstrong was acting suspiciously while walking back and forth across the street.
Police said that when Denver police officer Daniel Swanson arrived to investigate, he was immediately attacked by Armstrong, who had cocaine and marijuana in his system. Swanson and two other officers, one from Aurora, eventually subdued Armstrong, who temporarily stopped breathing before being revived by the officers.
Gerash said Friday that what was significant about the case was that Armstrong, 37, was not charged with a felony, a more serious charge than a misdemeanor. Gerash said a key reason was that Armstrong had no weapon and was just walking around when confronted by police.
The range of sentence for the misdemeanor conviction is three to 12 months in jail and a $250 to $1,000 fine. County judges, however, have wide discretion and could give Armstrong probation if he is convicted.
Staff writer Howard Pankratz can be reached at 303-820-1939 or hpankratz@denverpost.com.
