United States v. McIlwain
| Citation | 772 F.3d 688 |
| Decision Date | 25 November 2014 |
| Docket Number | No. 14–10735.,14–10735. |
| Court | United States Courts of Appeals. United States Court of Appeals (11th Circuit) |
| Parties | UNITED STATES of America, Plaintiff–Appellee, v. Joseph Adam McILWAIN, Defendant–Appellant. |
Adam W. Overstreet, Kenyen Ray Brown, Vicki M. Davis, Michele Carstens O'Brien, U.S. Attorney's Office, Mobile, AL, for Plaintiff–Appellee.
Peter J. Madden, Kristen Gartman Rogers, Carlos Alfredo Williams, Federal Defender's Office, Mobile, AL, for Defendant–Appellant.
Appeal from the United States District Court for the Southern District of Alabama. D.C. Docket No. 1:13–cr–00081–KD–N–1.
Before HULL, MARCUS, and DUBINA, Circuit Judges.
On November 7, 2012, and after an evidentiary hearing, the Probate Court of Choctaw County, Alabama, ordered Joseph Adam McIlwain committed to the custody of the Alabama State Department of Mental Health. On April 25, 2013, a federal grand jury indicted McIlwain for possession of a firearm by a prohibited person under 18 U.S.C. § 922(g). Section 922(g)(4) criminalizes the possession of a firearm by any person “who has been committed to a mental institution.” 18 U.S.C. § 922(g)(4).
This appeal concerns what constitutes a commitment to a mental institution under § 922(g)(4) and whether McIlwain's prior commitment by an Alabama probate court satisfies that element. After review and with the benefit of oral argument, we conclude McIlwain's prior commitment fell within § 922(g)(4) and affirm the district court's denial of McIlwain's motion to dismiss the indictment.
On November 1, 2012, Chief Paul Johnson of the Pennington, Alabama Police Department arrested McIlwain on an outstanding felony warrant for possession of marijuana. In attempting to make the arrest, Johnson was initially unable to get McIlwain to stop his vehicle. According to Johnson, each time he approached the vehicle, McIlwain would state that he knew Johnson was there to shoot or kill McIlwain.
McIlwain stopped his vehicle at his parents' home. There, McIlwain continued to express fear that Johnson intended to harm him. Johnson reported that McIlwain shouted, When Johnson and another officer, who had arrived at the scene, noticed McIlwain had a knife on his lap, McIlwain reportedly stated:
Eventually, McIlwain's mother entered the vehicle and a brief struggle ensued over a firearm in McIlwain's possession. Johnson used his taser on McIlwain, who was then taken into custody. McIlwain was taken by ambulance to a hospital, but refused medication prescribed to him, protesting the quantity of the medication and again stating the fear that others were attempting to harm or kill him. On November 1, McIlwain was then taken to the Choctaw County Jail. The record reveals no charges filed against McIlwain related to this incident, other than the already outstanding marijuana possession charge.
On November 6, 2012, Choctaw County Sheriff Tom Abate filed a petition with the Probate Court of Choctaw County seeking commitment of McIlwain to the custody of the Alabama Department of Mental Health.1 The petition stated that Choctaw County was McIlwain's home county and that, at the time the petition was filed, McIlwain was being held at the Choctaw County Jail.
As grounds for commitment, the petition alleged: (1) that “McIlwain [was] mentally ill with a diagnosis of Altered Mental Status, Bi–Polar Disorder with extreme Paranoia tendencies, [and] Manic Depression
”; (2) that McIlwain posed a “real and present threat of substantial harm” to himself and others; (3) that McIlwain, if not treated, would “continue to suffer mental distress and ... experience mental deterioration of his ability to function independently”; (4) that McIlwain was “unable to make a rational or informed decision as to whether or not treatment was desirable or needed”; and (5) that the danger McIlwain posed to others was evidenced by the fact that he was not “eating or sleeping properly,” had “exhibited episodes of violent and irrational behavior,” and had “a history of increased confusion, [ ] agitation, [and] verbal and physical threats to his parents and others....”
As to the relief sought by the petition, involuntary commitment, the Sheriff alleged: (1) that treatment was available for McIlwain's illness; (2) that “confinement [was] necessary for his and the community's safety and well-being”; and (3) that commitment was “the least restrictive alternative necessary and available for treatment of his illness.”
The order of commitment details the events of November 7, 2012. The probate court appointed an attorney, James Abston, to represent McIlwain and serve as guardian ad litem during the proceedings. Abston received notice of the hearing scheduled for that day. “[D]eclar[ing] that an emergency existed,” Abston waived the preliminary hearing along with McIlwain's presence in court and “advised the Court that he was ready to proceed with the Final Hearing.”
At that final hearing, the probate court heard testimony from three parties before hearing from McIlwain himself. First, the court heard from Sheriff Tom Abate, who testified as to his own observation of McIlwain's symptoms of mental illness during his confinement in the Choctaw County Jail. Abate testified that the jail administrator contacted him after McIlwain made an attempt at suicide in his jail cell. Abate testified that McIlwain was placed on suicide watch and, after McIlwain's attempts at self-harm continued, he was placed in restraints so he could not harm himself. Abate stated that McIlwain was a threat to himself and to others, and that his behavior in the Choctaw County Jail caused Abate to file the petition for involuntary civil commitment.
Second, the court heard testimony from Chief Paul Johnson regarding the events of November 1, 2012. Johnson testified to McIlwain's disturbed mental state at the time of his arrest, as well as the danger to himself and others created by McIlwain's agitation and disturbance and his possession of firearms at the time. In addition, Johnson testified that McIlwain's mother reported that she had “fought [McIlwain] over a gun four or five times in the past two weeks.”
Third, the court heard testimony from Deborah Wilson, an employee of West Alabama Mental Health acting as liaison to the state probate court. Wilson testified to serving as the court liaison for two years and to twelve years of experience, as well as an unspecified educational background, in mental health care and treatment. Wilson was offered as an expert without objection. Wilson testified that she evaluated McIlwain earlier in the day, in advance of the hearing. She testified to knowledge that McIlwain had been diagnosed as suffering from mental illness. In addition, she testified that treatment was available, that commitment was the least restrictive alternative, and that her recommendation was that McIlwain be committed for treatment. On cross-examination, Wilson was asked if McIlwain would receive treatment on his own. Wilson indicated McIlwain would not, citing the testimony of the other witnesses as well as McIlwain's previous failure to seek treatment and at least one instance where he scheduled an appointment at West Alabama Mental Health but had not followed through on that appointment.
Finally, the court heard testimony from McIlwain, who had been present in the hearing for the testimony of all previous witnesses. McIlwain contested certain factual characterizations of the witnesses, but concurred with Johnson's testimony that McIlwain feared that the police (and later, the doctors at the hospital) meant to do him harm. McIlwain stated that, at the time of the hearing, he continued to hold those beliefs. On cross-examination, McIlwain conceded that he had been diagnosed as mentally ill and that he was in need of medication. He explained that he had been unable to afford medication for some time. McIlwain was asked whether he “was asking this court to help him,” and responded affirmatively.
The state probate court granted Sheriff Abate's petition seeking McIlwain's involuntary commitment. In its order issued November 7, 2012, the state probate court made three explicit findings. The court found: (1) that McIlwain was mentally ill and posed a real and present threat of substantial harm to himself and others; (2) that treatment was available for the illness diagnosed, and confinement was necessary for McIlwain and the community's safety and well-being; and (3) that commitment was the best and least restrictive alternative necessary and available for treatment of McIlwain's illness. The court ordered: (1) that McIlwain be committed to the custody of the Alabama State Department of Mental Health; and (2) that he be transported from Choctaw County Jail to Bryce Hospital in Tuscaloosa, Alabama for commitment.
McIlwain was transferred from the Choctaw County Jail to Bryce Hospital on November 13, 2012. There he was diagnosed with, and received treatment and medication for, Anxiety Disorder, Mood Disorder, and ADHD. On November 21, 2012, McIlwain was discharged from the facility, with referral to the West Alabama Mental Health for further treatment. The record indicates that he was discharged to jail, but does not establish any subsequent period of confinement or whether any charges were ever filed in relation to the November 1, 2012 incident. McIlwain's initial appearance on the marijuana possession charge did not occur until April 3, 2013.
On April 1, 2013, officers of the Pennington, Alabama Police Department and the Choctaw County, Alabama Sheriff's Office received calls from McIlwain's family that McIlwain, in a state of disturbance, had recently made specific threats against individuals, was in possession of a...
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