Judge John Wilson
Mulling was charged with obstructing governmental administration and sought dismissal of the charge arguing the complaint was facially insufficient. The complaint alleged defendant approached an unapprehended individual and an undercover officer stating “He is a cop” and then took a picture of the officer with his cell phone. It contended Mulling’s action’s obstructed the officer from performing an official function of conducting his undercover drug investigation as he was forced to leave the scene. The court found the factual allegations contained in the complaint were sufficient, finding Mulling’s action forced the undercover officer to leave the scene of his investigation for fear of his and his team’s safety, thereby concluding the drug-related investigation. It stated such actions constituted a physical interference with and disruption of an official function, noting physical interference was not synonymous with physical force, and the former may be viewed as an effort by Mulling to intimidate the undercover officer into concluding his investigation and leaving the area. Thus, the court ruled the facts stated in the complaint comported with the statutory definition of the proscribed offense and denied dismissal of the charge.
