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Court overturns man's conviction for resisting arrest at anti-pesticide rally in Eugene

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PORTLAND, Oregon — The Oregon Court of Appeals has reversed the resisting-arrest conviction of a man who was tased by police at an anti-pesticide rally in Eugene.

Ian Van Ornum was 18 years old when he participated in the protest in 2008. Police warned him to stay out of the street before arresting him for disorderly conduct.

During the arrest, officers twice used a stun gun on Van Ornum while he was on the ground. The Appeals Court said a trial judge erred in describing for jurors when a person is allowed to use self-defense in response to an officer's use of unreasonable force when making an arrest.

The court said Wednesday that Van Ornum is entitled to have a trial before a jury that has been given correct instructions.

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