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STATE OF MICHIGAN COURT OF APPEALS

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellant, v ELAINE CLAIRE VANDERBERG, Defendant-Appellee.

UNPUBLISHED January 12, 2012

No. 299055 Benzie Circuit Court LC No. 09-002148-FH

Before: MURPHY, C.J., and FITZGERALD and METER, JJ. PER CURIAM. The prosecutor appeals the circuit court order quashing the information and dismissing the charge of resisting or obstructing a police officer, MCL 750.81d(1), after the district court had bound defendant over on the charge. We reverse and remand for reinstatement of the charge. The charge against defendant arose out of a traffic violation committed by her grandson, Andrew Haas, on August 3, 2009. Frankfort Police Officer Jason Wolfe was on duty and in his police cruiser when he saw a speeding vehicle. Officer Wolfe chased the vehicle at high speeds for about five miles. The vehicle finally came to a stop outside of defendant's home, and Haas exited the car. Defendant went out to the road, waving her hands and yelling at Officer Wolfe, at which point Wolfe ordered defendant back into the yard. Defendant disobeyed, and continued walking towards Officer Wolfe, who again ordered defendant to step back. Defendant ignored the request and continued advancing towards Wolfe, waving her hands. According to the officer's testimony at the preliminary examination, defendant put her hands on his chest and arm and pushed him back. He implored defendant to "get back," but she did not comply. Officer Wolfe then sprayed defendant with pepper spray. Defendant backed away when the pepper spray took effect. It is important to note that as Wolfe was busy attempting to get defendant to back away and cease obstructing his actions, he was also attempting to apprehend a noncompliant Haas in a chaotic situation, as indicated in the following passage from Wolfe's testimony: I ordered [Haas] to the ground. He did not comply. He proceeded to go between my vehicle and the other vehicle towards the house, which would be to our right. The defendant was still screaming at me. I'm ordering her to get back and I went after [Haas] who went into the garage at this time, and I'm ordering -1-

him to the ground [and] ordering [defendant] to step back. She was screaming something. I don't know

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