On Thanksgiving Day 2008, Walter Sidner called 911 to report a series of loud firework explosions. It was the second time Sidner had to call the police regarding the fireworks, and he was frustrated with the ongoing disturbance. When Sidner spoke with the 911 operator he said, "I'm giving you guys ten minutes to get here, or else...I'm going to shoot those [people] and go out and kick somebody's [rear end]."
When the police arrived at Sidner's house, Sidner directed the officers to the disturbance down the street; however the officers attempted to arrest Sidner. Sidner struggled with the officers. He pushed one officer against the house and another officer suffered a knee injury.
The Georgia Court of Appeals held that although Sidner made threatening comments to the 911 operator, threats are not a crime unless they are directed to an intended victim. Here, Sidner's threats were not intended to terrorize his neighbors. Rather, he was attempting to solicit a police response to his complaint. Additionally, the court held that a citizen has the legal right to resist an unlawful arrest.
Sidner was guilty of no crime and therefore was fully within his legal rights to resist the officers' attempt to arrest him.
