Brown v. State
| Decision Date | 31 October 2016 |
| Docket Number | No. 89A01–1601–CR–128.,89A01–1601–CR–128. |
| Parties | Lance E. BROWN, Appellant–Defendant, v. STATE of Indiana, Appellee–Plaintiff. |
| Court | Indiana Appellate Court |
Susan D. Rayl, Indianapolis, IN, Michael Ray Smith, Fishers, IN, Attorneys for Appellant.
Gregory F. Zoeller, Attorney General of Indiana, Lyubov Gore, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.
, Judge.
[1] Lance E. Brown (“Brown”) was convicted in Wayne Superior Court of battering a public safety officer, a Level 6 felony, by resisting the entry into his Richmond home by two officers (“the Officers”) of the Richmond Police Department (“RPD”). Brown appeals his conviction as unsupported by evidence sufficient to rebut his affirmative defenses of self-defense and defense of his dwelling, and challenges the trial court's interpretation of applicable statutes.
[2] We affirm.1
[3] On December 23, 2014, Brown owned a home in Richmond, Indiana, which he was in the process of renovating. Brown kept a large stock of valuable material used in the renovation stored in his house and in a freestanding garage at the edge of his backyard. The neighborhood had a good deal of crime and poverty. Brown, having repelled several break-in attempts in the past, including one on the day in question, was wary of trespassers.
[4] Across a narrow alley from Brown's backyard, Savannah Moore (“Moore”) and Matt Smith (“Smith”) were renting a home together, the back yard of which faced Brown's. They had recently moved in and not yet met Brown. On December 23, 2014, between 5:00 p.m. and 9:00 p.m., Moore was alone in her backyard, cleaning up trash scattered by her dogs. Moore noticed that Brown was observing her from his property across the alley. “Do you need something?” asked Moore. “Do you need something?” countered Brown. “No,” said Moore, and continued her work. Tr. p. 13.
[5] Hearing voices outside, Smith came out of the house and joined Moore, his girlfriend at the time, in the clean-up effort. Smith grew irritated at Brown's surveillance. “What's your problem, man?” Smith asked Brown. Id. at 14. A heated argument followed. Brown, unaware of Smith and Moore's recent occupancy, accused the pair of trespassing to their property and his, which they denied.
[6] “Come across the alley,” said Brown. “You want me to come across the alley?” asked Smith. “Yeah,” replied Brown, Id. at 17. Alarmed, Moore told Brown she would call the police. “Go ahead,” Brown laughed. Id. at 32. Having reported several break-ins to the RPD without satisfying results, Brown had little expectation the department would respond.
[7] During this confrontation, each side stayed on their respective properties. Brown never advanced toward Moore or Smith, or made any physically threatening gesture. However, Brown kept at least one hand in his pants pocket throughout. From this fact and from Brown's threat, Moore suspected, but never observed, that Brown was concealing a gun as he spoke with her. As promised, Moore went inside with Smith and called the police.
[8] Sometime after sunset, RPD Officer David Spradling (“Spradling”) responded to Moore's report, first interviewing Moore and Smith at their home. Spradling heard from Moore that she had been threatened, that she was upset by Brown's words, conduct, and demeanor, and that she suspected he had been armed during their confrontation. Spradling left Moore's residence intending to hear Brown's account and achieve a peaceful resolution to the dispute. By then, it was evening and very dark.
[9] As he approached Brown's front door, Spradling was joined by RPD Officer Jonathan Huth (“Huth”). Huth wore a body camera he had purchased privately and used on his own initiative.2 The Officers stood on Brown's unlit porch, Spradling in front and Huth behind, the only light coming from a table lamp in the living room of Brown's home and the Christmas lights of neighboring homes. Spradling knocked on the front door without announcing himself. “What's this guy's deal?” Huth asked Spradling as they waited for Brown to receive them. State's Ex. 1 00:21. Spradling briefly relayed to Huth the substance of Moore's report, including her suspicion that Brown was armed.
[10] Through Brown's glass storm door and half-glass front door, Spradling observed Brown come down a flight of stairs while Huth scanned the area behind them. The stairs descended from right to left, from the Officers' perspective, and ended just a few feet from the front door. Brown's right side was therefore hidden from the Officers' view as he approached. “He's got his hand behind his back,” Spradling told Huth. Id. at 00:32.
[11] Brown opened the front door, holding open the storm door with his left hand while resting his right behind the door jamb, out of the Officers' view. “What do you have behind your back there, sir?” asked Spradling. Id. at 00:39. “Nothing,” Brown replied. “It's lying on the counter right now and it's a .357”—a popular caliber of handgun. Id. at 00:42. “Why don't you show me your hands,” said Huth, nearly before Brown had finished his sentence. Id. at 00:46. Brown, without complying, began to reply, but Huth immediately interrupted him, his voice rising: Id. at 00:47. “My hands are quite visible,” Brown insisted. Id. at 00:50.
[12] The Officers concluded that, by his refusal to show his right hand, Brown had criminally resisted law enforcement. Intending to arrest Brown for that offense but worried that he might draw a gun from his still hidden right hand, Huth drew his stun gun and fired. Seven seconds elapsed between Huth's first command and the first stun gun shot. See id. at 00:53 (stun gun fired).
[13] The stun gun did not have its desired effect. Brown remained standing and took a step away from the door. Brown then tried to close the door on the Officers as the Officers tried to push their way in. After a brief struggle, Brown was overpowered and the Officers won their way inside. Spradling, now behind Huth, drew his stun gun and fired—again to no effect. Huth looked to his left and saw Brown's loaded .357 revolver, lying on a counter to the right of the front door, within Brown's reach as he had stood in the doorway. Reaching for Brown to handcuff him, Huth was struck in the face by Brown. Huth struck him back.
[14] Huth withdrew to radio for backup while Spradling moved up from behind him to arrest Brown himself. Brown lowered his shoulder into Spradling's stomach and pushed him toward the door against a wall. Spradling felt Brown's hands at his gun holster and yelled for assistance. Huth grabbed Brown and pulled all three men backward to the ground.
[15] Once on the ground, Brown was pinned by Huth at the shoulders and by Spradling at the hips. The Officers struggled to handcuff Brown against his resistance. Spradling pushed his stun gun into Brown's back and fired yet a third time, also with no effect. Huth struck Brown several times with the butt of his stun gun. Brown was then subdued and handcuffed. The melee had lasted approximately sixty seconds. “Would you care to explain to me what is going on here?” Brown asked. Id. at 02:55.
[16] RPD officers responding to Huth's call for backup arrived quickly. Huth and Spradling suffered two pairs of broken glasses, a broken ear piece, bruises, and cuts. Neither required medical attention. Brown was taken by ambulance to a local hospital and treated for lacerations to his face and head.
[17] The next day, December 24, 2014, Brown was charged with battery on a public safety officer, a Level 6 felony, and disarming a public safety officer, a Level 5 felony. Brown was not charged with resisting law enforcement.
[18] At his October 26, 2015, bench trial in Wayne Superior Court, Brown raised the defenses of self-defense and defense of his dwelling to the battery charge. After the close of evidence, the trial court ordered briefing on the issues presented by Brown's claims and took the matter under advisement. After two full weeks' consideration, on November 9, 2015, the trial court issued a written order containing its findings of fact and conclusions of law, specifically that the Officers had entered Brown's home unlawfully but Brown had entered into combat with the officers, had not resisted with reasonable force, and was therefore not protected by the defenses raised.
[19] These findings resulted in a judgment acquitting Brown of disarming but convicting him of battery. At Brown's sentencing hearing on December 30, 2015, the judge exercised his statutory discretion to sentence the Level 6 felony as a Class A misdemeanor, carrying a sentence of up to one year, rather than the higher, Level 6 felony range of six to eighteen months. Brown was sentenced to a one-year term, all suspended to probation except time served.
[20] This appeal followed.
[21] Under the facts and circumstances before us, the State bore the burden below of showing that the Officers' intrusion into Brown's privacy was reasonable. State v. Gerschoffer, 763 N.E.2d 960, 965 (Ind.2002)
. In appealing3 from the trial court's ruling that it was not, the State thus appeals from a negative judgment. Trotter v. State, 933 N.E.2d 572, 579 (Ind.Ct.App.2010). A negative judgment will not be reversed on appeal unless contrary to law. Id. A judgment is contrary to law when the evidence is without conflict and all reasonable inferences lead to a conclusion contrary to that reached below. Id. Constitutionality of a search or seizure is reviewed de novo. J.K. v. State, 8 N.E.3d 222, 229 (Ind.Ct.App.2014).
[22] By statute, a person is privileged to use reasonable force if he reasonably believes that the force is necessary to protect himself from the imminent use of unlawful force by police, prevent unlawful entry of his home by police, or terminate unlawful entry of his home by police. Ind.Code § 35–41–3–2(i)(1)–(2)
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