City of Helena v. Parsons

• Decision Date: 06 March 2019
• Docket Number: DA 17-0576
• Citation: 436 P.3d 710,2019 MT 56,395 Mont. 84
• Court: Montana Supreme Court
• Parties: CITY OF HELENA, Plaintiff and Appellee, v. Ronald Scott PARSONS, Defendant and Appellant.

395 Mont. 84

436 P.3d 710

2019 MT 56

CITY OF HELENA, Plaintiff and Appellee,

v.Ronald Scott PARSONS, Defendant and Appellant.

DA 17-0576

Supreme Court of Montana.

Argued and Submitted: July 25, 2018

Decided: March 6, 2019

For Appellant: Lance P. Jasper (argued), F. Peter Landsiedel, Reep, Bell, Laird & Jasper, P.C., Missoula, Montana

For Appellee: Timothy C. Fox, Montana Attorney General, Mardell Ployhar, Assistant Attorney General (argued), Helena, Montana, Thomas J. Jodoin, Helena City Attorney, Todd Douglas Baker, Deputy Helena City Attorney, Helena, Montana

Justice Dirk Sandefur delivered the Opinion of the Court.

¶1 Ronald Scott Parsons appeals the judgment of the Montana First Judicial District Court, Lewis and Clark County, affirming his convictions for misdemeanor negligent endangerment and reckless driving in the City of Helena Municipal Court. We address the following restated issue on appeal:

Whether the Municipal Court erroneously precluded evidence, argument, and jury instruction on § 46-6-502, MCA (citizen arrest authority), as a fact defense relevant to the sufficiency of the State's proof of the elements of the offenses?

¶2 We reverse and remand.

FACTUAL AND PROCEDURAL BACKGROUND

¶3 On a March morning in 2016, City of Helena police were engaged in an extended high-speed chase with a fleeing motorcycle rider through residential neighborhoods, school zones, and along main thoroughfares in Helena. While northbound on Benton Avenue toward Custer Avenue in a pickup truck with a boat trailer in tow, Parsons first encountered the chase as the motorcycle and pursuing police car were oncoming southbound. Parsons observed the motorcycle traveling at a high rate of speed with the police car in hot pursuit—emergency lights and siren activated. After turning eastbound onto Custer Avenue after the chase passed by, Parsons again saw the speeding motorcycle and pursuing police car, this time rapidly approaching him from behind as he proceeded on Custer toward Montana Avenue. Seeing the fleeing motorcycle as an imminent risk to public safety and intent on stopping it to allow the pursuing police to apprehend the driver, Parsons slowed and pulled his pickup across the oncoming westbound lane, thereby fully blocking both lanes in an attempt to force the motorcycle to stop. Not intent on stopping, the motorcyclist instead tried to drive up the curb to go around the roadblock on the sidewalk.

However, the motorcycle crashed on the curb, resulting in injury to the rider. The pursuing police immediately arrived, stopped, and arrested the injured motorcyclist, ultimately charging him with various offenses related to the chase. Police also later charged Parsons with misdemeanor negligent endangerment and reckless driving in violation of §§ 45-5-208(1) and 61-8-301(1), MCA.

¶4 At his subsequent jury trial, on the State's motion, the Municipal Court precluded Parsons from presenting evidence and argument that, rather than in negligent, willful, or wanton disregard for the safety of others as alleged by the State, he acted reasonably under the circumstances to assist police in apprehending the fleeing motorcyclist as authorized by § 46-6-502, MCA (citizen arrest authority). Ruling that the authority to make a citizen's arrest did not render Parsons immune from the charged offenses and that he lacked the requisite probable cause for a citizen's arrest in any event, the Municipal Court granted the State's motion in limine and further refused to instruct the jury on Parsons's authority to make a citizen's arrest. At the close of trial, the jury convicted Parsons of misdemeanor negligent endangerment and reckless driving as charged. After the District Court affirmed the Municipal Court judgment on intermediate appeal, Parsons timely appealed here.

STANDARD OF REVIEW

¶5 On appeal from a municipal court of record, district courts function as intermediate appellate courts with the scope of review "confined to review of the record and questions of law. ..." Sections 3-5-303, 3-6-110(1), MCA ; State v. Luke , 2014 MT 22, ¶ 9, 373 Mont. 398, 321 P.3d 70.¹ On appeal of a lower court judgment following intermediate appeal, we review the record independently of the district court as if appealed directly to this Court without intermediate review. State v. Maile , 2017 MT 154, ¶ 7, 388 Mont. 33, 396 P.3d 1270 ; Stanley v. Lemire , 2006 MT 304, ¶¶ 25-26, 334 Mont. 489, 148 P.3d 643. Upon our independent review, we review lower court findings of fact for clear error, conclusions of law de novo for correctness, and discretionary rulings for an abuse of discretion. City of Missoula v. Kroschel , 2018 MT 142, ¶ 8, 391 Mont. 457, 419 P.3d 1208 ; State v. Davis , 2016 MT 206, ¶¶ 5-6, 384 Mont. 388, 378 P.3d 1192. Trial courts have broad discretion in formulating jury instructions on the applicable law.

State v. Kaarma , 2017 MT 24, ¶ 7, 386 Mont. 243, 390 P.3d 609. We review jury instructions as a whole for whether they fully, correctly, and fairly instruct the jury on the law applicable to the facts at issue in the case. State v. Dunfee , 2005 MT 147, ¶ 20, 327 Mont. 335, 114 P.3d 217.

DISCUSSION

¶6 Whether the Municipal Court erroneously precluded evidence, argument, and jury instruction on § 46-6-502, MCA (citizen arrest authority), as a fact defense relevant to the sufficiency of the State's proof of the elements of the offenses?

¶7 Parsons asserts that his authority and intent to make a citizen's arrest were critically relevant jury considerations as to whether he acted in negligent, willful, or wanton disregard for the safety of others as alleged by the State. The State contrarily asserts that Parsons's authority and intent to make a citizen's arrest was not relevant to whether he committed the charged offenses and that he lacked sufficient cause to make a citizen's arrest in any event. We agree with Parsons.

¶8 A person commits the offense of negligent endangerment if the person "negligently engages in conduct that creates a substantial risk of death or serious bodily injury to another...." Section 45-5-208(1), MCA. As pertinent here, a person acts "negligently" if the "person consciously disregards a risk" that the person's conduct will create a substantial risk of death or serious bodily injury to another. Section 45-2-101(43), MCA. In contrast to simple negligence, "[t]he risk must be of a nature and degree that to disregard it involves a gross deviation from the standard of conduct that a reasonable person would observe" under the circumstances. Section 45-2-101(43), MCA. In this context, a "gross deviation" is "a deviation that is considerably greater than lack of ordinary care." Section 45-2-101(43), MCA.² As pertinent, a person commits the offense of reckless driving if the person "operates a vehicle in willful or wanton disregard for the safety of persons or property." Section 61-8-301(1)(a), MCA. As referenced in § 61-8-301(1), MCA, "willful or wanton disregard" means intentional or conscious disregard. See § 1-1-204(5), MCA ; State v. Stanko , 1998 MT 323, ¶ 65, 292 Mont. 214, 974 P.2d 1139. Except as to certain offenses not at issue here, the State must prove beyond a reasonable doubt that a criminal defendant acted with the requisite mental state as "to each element" of a charged offense. Sections 26-1-403(2), 45-2-103(1), MCA.

¶9 Against that backdrop, a "private person may arrest another when there is probable cause to believe that the [other] is committing or has committed an offense and the existing circumstances require the person's immediate arrest." Section 46-6-502(1), MCA. The arresting "private person may use reasonable force to detain the arrested person." Section 46-6-502(1), MCA (2009 Mont. Laws ch. 332, § 8 (HB 228)). Upon an arrest, the arresting citizen must "immediately notify the nearest available law enforcement agency or peace officer and give custody of the person arrested to the officer or agency." Section 46-6-502(2), MCA. In accord with the common law dating back to 1285,³ Montana's territorial and state legislatures have continually authorized citizens' arrests since 1872. See State v. Updegraff , 2011 MT 321, ¶¶ 27-33, 363 Mont. 123, 267 P.3d 28. The manifest purpose of § 46-6-502, MCA, is to enhance public safety by authorizing a private citizen "to take another into custody" on probable cause of criminal activity and to then turn the person over to "trained law enforcement personnel" as soon as possible to trigger "the normal processes and safeguards of the criminal justice system." Updegraff , ¶¶ 33-34. When a citizen acts within prescribed statutory parameters, the citizen arrest authority is "parallel to but distinct from" the arrest authority of peace officers. Updegraff , ¶ 34 (citing 1991 Commission Comments, internal punctuation omitted).

¶10 The term "arrest" means "taking a person into custody in the manner authorized by law." Section 46-1-202(3), MCA. In the case of a citizen's arrest, "arrest" means restraining a person in accordance with § 46-6-502(1), MCA, pending immediate notification and relinquishment of the person to a law enforcement officer or agency. See §§ 46-1-202(3), 46-6-104(1), -502, MCA. See also State v. May , 2004 MT 45, ¶ 13, 320 Mont. 116, 86 P.3d 42 (elements of an "arrest" include authority to arrest; assertion of the authority with intent to arrest; and restraint of the person).

¶11 Here, the State acknowledges that Parsons "pulled his truck and trailer across Custer Avenue to aid law enforcement and stop the fleeing motorcyclist." It nonetheless asserts that the citizen's arrest statute did not apply because, rather than attempting to effect a citizen's arrest, Parsons was merely trying to set up a roadblock in accordance with § 46-5-502(1)(a), MCA (temporary law enforcement roadblocks for "apprehen[sion of] persons known to be wanted" for a violation of law). However, pursuant to its express language, § 46-5-502, MCA, is merely an affirmative grant of authorization for law...