Appeal upholds conviction from 2018 pursuit

Kyle Ocker, Ottumwa Courier, Iowa
·2 min read

Apr. 28—OTTUMWA — An appeals court ruled against an Ottumwa man convicted of disarming a peace officer and interference with official acts following a 2018 pursuit and altercation.

Miguel Tojin Chivalan, 43, of Ottumwa, was convicted by a jury of disarming a police officer, interference with official acts and eluding in August 2019.

Another man was charged in the incident but later acquitted by a jury.

Tojin Chivalan was sentenced to a five-year suspended prison sentence for disarming a police officer, and the judge imposed a 30-day sentence for interference with official acts with credit for time served.

Police said that on Sept. 21, 2018, they attempted to pull over a vehicle driven by Tojin Chivalan after he attempted to elude other officers. Once an Ottumwa police officer attempted to apprehend him, Tojin Chivalan pulled away, according to court filings. During the pursuit, Tojin Chivalan entered a garage and ultimately a home, where police followed.

Tojin Chivalan was twice shocked with a Taser stun gun. Tojin Chivalan grabbed the officer's stun gun and dislodged the cartridge, rendering the stun gun to be unable to be deployed, according to court documents.

Tojin Chivalan filed an appeal to the Iowa Court of Appeals, claiming there was insufficient evidence to support a conviction and arguing the court did not properly instruct the jury. In a decision filed Wednesday, the appeals court upheld his conviction.

His appeal centered around Fourth Amendment concerns, according to court filings. In order to be found guilty, Tojin Chivalan's attorneys argued, the state must have proved the arrest was lawful under the Fourth Amendment.

The appeals court ruled that Fourth Amendment compliance is not included in the state's burden of proof, and there was not a demonstrated error in the jury instructions.

In footnotes of the opinion, the appeals court wrote that Tojin Chivalan's erratic driving was probable cause for his arrest, and that "exigent circumstances existed because the officer was in 'hot pursuit'" when the officer followed Tojin Chivalan into the garage and beyond.

Kyle Ocker is the editor of the Ottumwa Courier and the Oskaloosa Herald. He can be reached at kocker@ottumwacourier.com. Follow him on Twitter @Kyle_Ocker.

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