Eddie Lee Coleman, 36, Minot, is appealing his Class C felony resisting arrest conviction to the North Dakota Supreme Court.

Coleman was acquitted by a jury in district court in Minot in February of assaulting a police officer on Nov. 23, 2018 but was found guilty of resisting arrest in connection with the same incident.

According to a written argument filed with the court by the defense attorney, Minot Police Officer Josh Noyes spotted Coleman driving 37 miles per hour in a 25 mile per hour zone on West University Avenue and running through a red light when he turned right on 8th Street NE. Coleman then turned into a driveway at a residence on Eighth Street NE and got out of the car. Noyes, who had activated his emergency lights just as the vehicle was turning into the driveway, got out and ordered Coleman to stand next to his vehicle and place his hands on the vehicle. Coleman complied but didn’t obey when Noyes ordered him to put his hands behind his back. Noyes then grabbed one of Coleman’s hands and tried to bring it behind his back and Coleman flexed his arms.

Noyes said in his original police report and affidavit that Coleman pushed away from the car and hurt Noyes with his elbow. Noyes later reviewed his body camera footage and said that showed him what actually happened. Noyes said the recording showed that Coleman turned and punched Noyes in the middle of his chest. The defense argued that the video did not show that Coleman struck Noyes in the chest and said the driveway had been icy and Noyes slipped on the ice and fell to the ground.

Coleman was acquitted of the simple assault on a police officer charge but found guilty on the other charge. Judge Todd Cresap gave him a deferred imposition of sentence on the charge, meaning the charge will be dismissed if Coleman complies with all court requirements. Cresap also gave Coleman credit for the 14 days he served in jail.

The question still before the supreme court is whether the body camera recording actually shows that Coleman resisted arrest.

Oral arguments in the case are scheduled for May 26 before the North Dakota Supreme Court.