Woman convicted of spitting at police officer

Amy McFalls was also found guilty of vandalizing holding cell in Norristown police department

NORRISTOWN >> A jury convicted a former East Norriton woman of spitting at a Norristown police officer and vandalizing a jail cell by forcing a toilet to overflow and flood the cell after her drunken driving arrest.

Amy McFalls, 44, formerly of the 2600 block of Swede Road, covered her face with her hands in apparent disbelief as a Montgomery County jury convicted her of charges of aggravated harassment by a prisoner and institutional vandalism in connection with the March 22, 2018, incident in the lockup at Norristown Municipal Hall.

After the jury was excused and McFalls was released on bail to await sentencing, she angrily stormed from the courtroom and uttered, “Liar,” as she passed by one Norristown police officer who testified against her during the twoday trial. McFalls’ mother and a friend quickly ushered McFalls away from the officer as deputy sheriff’s followed and monitored the situation.

“This case is about defiance and disrespect,” Assistant District Attorney Caroline Goldstein argued during her opening statement to jurors, referring to McFalls’ conduct after she was arrested for DUI. “When she got there, she was combative and she was angry.”

Once in the cell, McFalls became irate and used her sweater to plug a toilet, causing the toilet to overflow into the cell, police testified. When officers intervened, McFalls resisted and spit in one female officer’s face, Goldstein alleged.

But when McFalls testified she denied spitting

“This case is about defiance and disrespect.”

at the police officer and offered an excuse for the overflowing toilet. Defense lawyer Christopher Koschier and McFalls claimed she became thirsty due to dehydration and a medical condition while in the cell and officers didn’t respond to her need.

“She ended up putting her sweater into the toilet to try to get the water to rise up from where the toilet bowl was dirtiest so that she could get relatively clean water to drink, out of desperation,” Koschier claimed.

Koschier argued there was insufficient evidence to prove McFalls spit at the officer.

“Miss McFalls stated that while there were three officers that tackled her and were applying pressure to her in various ways she had a hand on her throat and her chest which caused her to inadvertently cough, that we believe one of the officers mistook to be spitting,” said Koschier, summarizing McFalls’ trial testimony.

Koschier argued the case was more about officers’ perceiving they were disrespected and their use of “unjustified force” against McFalls.

“The officers pushed her head against the wall, forcefully,” Koschier argued during his opening statement to jurors, implying officers couldn’t justify the force they used against McFalls during the encounter in the cell.

The jury of six men and six women, who viewed video surveillance footage of the incident in the cell, deliberated three hours before announcing the guilty verdicts.

“We heard a lot of distractions but fortunately, the jury saw through all of that and came to the right verdict,” Goldstein said afterward.

Judge Todd D. Eisenberg, who presided over the trial, will sentence McFalls, most recently of Wilmington, Del., at a later date after court officials complete a background investigation report about McFalls, who will have to undergo drug, alcohol and mental health evaluations.

Goldstein said state sentencing guidelines allow for jail time on the charges and prosecutors will seek time behind bars for McFalls.

The charges carry a possible maximum sentence of 4½-to 9-years in prison. However, state sentencing guidelines could allow for a lesser sentence.

“She intends to appeal. It’s my hope we can appeal and she can have her second day in court,” Koschier said.

McFalls, according to court papers, was arrested for DUI about 2:32 a.m. March 22, 2018, after police responded to a one vehicle crash in the 1300 block of Sandy Street. McFalls was observed leaving the scene on foot and when officers approached her they detected a strong odor of alcohol on her breath, according to a criminal complaint.

McFalls, police alleged, refused to submit to a blood test and police transported her to the police station and placed her in a cell “until sober enough to be released.” The toilet and spitting incidents followed, police testified.

During a separate, nonjury trial earlier this year, Eisenberg convicted McFalls of a charge of driving under the influence of alcohol, general impairment, and McFalls is also awaiting sentencing on that charge.