from the Iowa District Court for Polk County, Richard G.
Blane II, Judge.
defendant appeals his conviction. AFFIRMED.
C. Smith, State Appellate Defender, and Vidhya K. Reddy,
Assistant Appellate Defender, for appellant.
J. Miller, Attorney General, and Tyler J. Buller, Assistant
Attorney General, for appellee.
C. Solheim, Hancock County Attorney, for amicus curiae Iowa
County Attorneys Association.
by Vogel, P.J., and Tabor and Mullins, JJ.; Blane, S.J. takes
Hudson appeals his convictions for one count of willful
injury causing serious injury, in violation of Iowa Code
section 708.4(1) (2015); three counts of assault, in violation
of Iowa Code sections 708.1 and 708.2(6); and interference
with official acts, in violation of Iowa Code section
719.1(1)(b). Hudson asserts there was insufficient evidence
of his intent as to count I-willful injury causing serious
injury-and the district court erred in failing to instruct
the jury on self-defense. We conclude there was sufficient
evidence for the jury to convict Hudson and he was not
entitled to a self-defense instruction. Therefore, we affirm.
Background Facts and Proceedings
night of April 30, 2014, Hudson and his fiancé were at
Prairie Meadows Racetrack and Casino. At some point, the two
engaged in a heated discussion that drew the attention of
Prairie Meadows security guards. On that night, a Polk County
Sheriff's Deputy was working off-duty security at Prairie
Meadows. The deputy noticed the discussion and walked over to
see what was going on. After a brief discussion, the
situation was resolved. The deputy told Hudson that he could
finish the two alcoholic beverages he had but, after those,
he was cut off from purchasing further alcoholic beverages.
According to the deputy, Hudson was receptive to his
intervention and did not indicate any animosity toward the
time later, Hudson and his fiancé left the casino. The
deputy and Prairie Meadows security were still monitoring the
couple and noticed Hudson had taken the car keys from his
fiancé as the couple traversed the parking lot.
Concerned Hudson may have been driving out of the lot while
impaired by alcohol, security stopped Hudson's car.
However, Hudson's fiancé was behind the steering
wheel. Hudson became upset, exited the vehicle, and began
yelling and pounding on the hood of the car. Hudson then
began walking away while still yelling, and several security
guards followed him.
was occurring, the deputy left the casino and headed to the
scene. When the deputy arrived, he observed Hudson making
furtive movements with clutched fists, yelling, swearing, and
flailing his arms. The deputy positioned himself between
Hudson and the security guards and told Hudson to back away,
turn around, and lean against a car that was behind him;
Hudson refused. With Hudson assuming an aggressive position,
the deputy pushed Hudson back. Then the deputy pointed his
taser at Hudson and again told him to back away. Hudson
refused, pulled up his shirt and said, "If you're
going tase me, you might as well do it." According to
the deputy, Hudson added, "F**k you. I've been
tasered before." The deputy tased Hudson with 50, 000
volts. Unfazed by the jolt, Hudson moved forward and struck
the deputy in the head. The deputy moved to tase Hudson
again, and Hudson punched him again in the head. The deputy
fell to the ground. As a result of the punches, the deputy
was knocked out and suffered a broken jaw, internal bleeding,
and bruising of his kidneys and spleen.
then began running across the parking lot, while being
pursued from a distance by security guards. Hudson reached
the street outside Prairie Meadows, where he was met by
several law enforcement officers. Hudson then went to the
ground on his own. When the officers tried to place handcuffs
on Hudson, he squirmed and hid his hands. Several officers
attempted to restrain Hudson, but he continued to fight back,
including kicking three officers-one in the head-and
hyperextending the thumb of a security guard and the hand of
an officer. Eventually, the officers tased Hudson again and
were able to restrain him and place him under arrest.
21, 2014, the State charged Hudson with seven counts stemming
from the incident. During the trial, Hudson requested a
justification defense based on self-defense; the district
court found a justification instruction was not warranted and
refused to give the requested instruction. On May 22, 2015,
the jury convicted Hudson of one count of willful injury