Just because you do not like what i do or say - it is not an assault on a police officer

In this case,  a police officer testified that the Defendant “advanc[ed] toward” the officers “in an aggressive manner [with] her hands . . . fists up.”  The police also stated she made a “motion . . .touching her ankles[,]”   The police officer said she found the Defendant’s movement concerning because she thought the Defendant may try and pull a weapon from her sock.    Finally, the officer said that she felt threatened because Defendant was walking “fast,”  and said “[Y]eah, what’s up? What you going to do?”  Defendant approached the police officer in an aggressive posture, getting to within arm’s reach of the officers.     The police officer told her to back off and hit the Defendant with her ASP baton.   The Court of Appeals held that while her conduct may be menacing it did not create a reasonable fear of imminent injury to the police officer.