A 39-year-old man was arrested early Sunday morning and charged with kicking a police officer who was trying to break up a fight.

James Daly was charged with simple assault on a peace officer, a class C felony.

Shortly before 1:15 a.m. on Sunday, Oct. 6, police were called to an apartment building in the 3600 block of Seventh Street West for a report of an altercation, according to an affidavit of probable cause filed in Northwest District Court. When officers arrived, they found Daly, who was yelling at others and acting aggressively.

Police told him to turn around and put his hands behind his back, but Daly resisted, court records indicate.

“Mr. Daly repeatedly refused to turn around and repeatedly stated, ‘You better not cuff me,’ along with other profanities,” investigators wrote in the probable cause affidavit.

Officers were eventually able to put Daly in handcuffs, but he continued to struggle and asked multiple times to fight with the officers on scene, charging documents state. When another officer arrived and tried to help put Daly in the back of a patrol car, Daly kicked him in the shin and leg.

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