Langston v. State, 1999-KA-01575-COA.

• Decision Date: 22 May 2001
• Docket Number: No. 1999-KA-01575-COA.,1999-KA-01575-COA.
• Citation: 791 So.2d 273
• Parties: Danny LANGSTON, Appellant v. STATE of Mississippi, Appellee.
• Court: Mississippi Court of Appeals

791 So.2d 273

Danny LANGSTON, Appellant v. STATE of Mississippi, Appellee.

No. 1999-KA-01575-COA.

Court of Appeals of Mississippi.

May 22, 2001.

Luther C. Fisher, IV, Tupelo, Attorney for Appellant.

Office of the Attorney General by Dewitt T. Allred, III, Jackson, Attorney for Appellee.

BEFORE SOUTHWICK, P.J., BRIDGES, and LEE, JJ.

BRIDGES, J., for the Court:

¶ 1. On December 17, 1997, Danny Langston was indicted on the charge of simple assault on a police officer. A trial was held in the Circuit Court of Tishomingo County, Mississippi, the Honorable Frank Russell presiding. The jury found Langston guilty of the charge of simple assault on a police officer and Judge Russell subsequently sentenced Langston to a term of five years imprisonment. Judge Russell then ordered that the five year sentence be suspended and that Langston be placed on supervised probation for a period of one year. Further, the sentencing order directed that Langston be evaluated by a mental health complex and that he undergo treatment for anger management. In addition to these terms, Langston was ordered by Judge Russell to pay all court costs.

¶ 2. Langston filed a motion for a new trial on June 28, 1999, and this motion was denied by the trial court. Langston filed a timely notice of appeal on September 22, 1999, and prays that this Court reverse his guilty verdict and grant him a new trial, citing the following errors for our consideration:

1. Whether the trial court erred when it failed to declare a mistrial following the prosecutor's "send a message" type argument during closing statements?

2. Whether the trial court erred when it failed to dismiss Juror Lonnie McKee from the jury or when it failed to grant a mistrial because Juror McKee was an incompetent juror?

3. Whether the trial court erred in excluding the testimony of defense witness, Clay Walls?

4. Whether the jury verdict was against the overwhelming weight of the evidence?

FACTS

¶ 3. On September 22, 1997, Officer J.C. Ledgewood was on duty as a dispatch officer in Iuka, Mississippi. Because the city hall had been burned in a fire, Ledgewood was serving his duties at a temporary police station, a trailer located in front of the remains of city hall. Ledgewood testified that he was wearing his summer police uniform, a short-sleeved knit shirt with an embroidered badge on it, and could therefore be easily identified as a police officer. Around 12:15 p.m. that day, Langston came around the trailer looking for Ledgewood concerning a traffic ticket that Ledgewood had previously issued to Langston's wife. Langston approached the trailer after seeing someone inside and declared his intentions, at which time Ledgewood disclosed that he was the person for whom Langston was looking.

¶ 4. Upon introducing himself as J.C. Ledgewood, he extended his hand to Langston. Langston then informed Ledgewood that he had no intention of shaking his hand. Ledgewood further testified that Langston "slapped" his hand away and called him a "son of a bitch." Langston then accused Ledgewood of being the reason that Langston's wife was hospitalized for a heart attack. Langston denies that he slapped Ledgewood's hand away, but does acknowledge that he cursed at Ledgewood, refused to shake his hand and blamed him for his wife's ailments. Ledgewood additionally testified that Langston threatened to sue Ledgewood and the City of Iuka for his wife's health problems.

¶ 5. The facts after this point are completely in dispute by the parties. Ledgewood testified that Langston attempted to enter the trailer to assault Ledgewood, and that, in fact, Langston did slap at Ledgewood's face and arms, eventually causing a red welt on Ledgewood's arm. Ledgewood testified that he attempted no physical harm on Langston, but rather simply raised his hands and pushed Langston away to defend himself. Ledgewood stated that, although Langston was located at the bottom of the steps to the trailer while he was at the top, Langston was a tall man and was able to reach Ledgewood's face from where he stood.

¶ 6. On the other hand, it is Langston's testimony that Ledgewood became physically violent with him upon Langston's accusations. Langston stated that Ledgewood kicked him and attempted to push him down the steps of the trailer in an effort to keep him from coming inside. Langston testified that he only wanted to enter the trailer to discuss his accusations with Ledgewood, but that Ledgewood became more violent upon his attempt to do so. However, Ledgewood testified that Langston began slapping, hitting and cursing at him almost from the moment that Langston discovered Ledgewood's identity. Ledgewood further asserts that he tried to calm Langston and insisted that Langston could not enter the trailer because he would not permit such behavior inside a place of business. Shortly after the alleged assault by Langston, Langston left the trailer to speak with other city officials about his complaints and accusations, all the while cursing Ledgewood and threatening to sue him and the city.

¶ 7. The events leading up to this confrontation between Ledgewood and Langston are as follows. On July 8, 1997, Donna Langston ("Donna"), Langston's wife, was issued a citation by Ledgewood for improper parking in a WalMart parking lot. Donna claims that during her encounter with Ledgewood, he was extremely rude and unprofessional and spoke very roughly to her in a loud voice, which she claims could be heard throughout the entire parking lot. Donna stated that another man, Clay Walls, heard Ledgewood that day and observed that his manner was just as Donna claims. According to Donna, Walls even attempted to intercede in the conversation between her and Ledgewood on her behalf. Donna claims that she was not illegally parked and that, even if she had been, Ledgewood's attitude toward her was unwarranted. Upon accepting the parking ticket from Ledgewood, she went home and complained of this incident to her husband, Langston.

¶ 8. That same afternoon, the Langstons made a phone call to David Nichols, the mayor of Iuka, to complain about Ledgewood's alleged abusive behavior toward Donna. Nichols instructed the couple to write a letter of complaint, which they did. Further, one of the city aldermen requested that Donna give him the parking ticket she received to aid in the investigation of the matter. Shortly after a hearing before the board of aldermen, which included the testimony of Donna and Walls, the board found that Ledgewood was probably out of line and should be punished for his conduct. The board instructed Ledgewood to apologize to Donna for his behavior that day, or if he chose not to do so, he would be suspended from the police force for three days. Ledgewood admittedly refused to apologize to Donna, citing that he did not believe he had acted the way she described nor done anything wrong. He further appealed to the board, which subsequently upheld its first decision and Ledgewood accepted his three day suspension, still refusing to make an apology to Donna.

¶ 9. Following the board's disciplinary decision, the Langstons assumed that the matter was over and that the ticket issued by Ledgewood had been administratively handled. The Langstons claim that they never received any notification that there was to be a trial held on the matter of Donna's parking ticket. On September 21, 1997, however, Donna received a letter from the City of Iuka notifying her that she was being fined $125, or in the alternative, her driver's license would be suspended, for failure to appear in court for the trial on her parking ticket. Ledgewood was present at the trial. The Langstons were very upset about this alleged misunderstanding and claimed that they were not notified properly of the trial and they should therefore not be held responsible for not appearing. After meeting with a justice court judge about the matter, the Langstons were told they could appeal the decision, but that it would cost them $100 to do so. The Langstons then became even more angry and frustrated over the matter which they believed to be a total injustice.

¶ 10. The record also contains testimony regarding an incident between Langston and one of the city's aldermen. Apparently, not long after Donna received notice that she had failed to appear for the trial on her parking ticket, Langston ran into the alderman on the street and began to speak with her in an angry tone about all of the previous events regarding the ticket and Ledgewood. According to testimony in the record, Langston cursed at the alderman and loudly expressed his outrage and vengeful feelings over the matter, threatening to "own" the city and its officials. The account of this event reflected Langston's intense temper, and other testimony proffered by Langston himself proved that the city alderman and Ledgewood were not the only persons subjected to his anger and use of profanity over the parking ticket incident. Langston's fury grew worse as the issuance of this ticket continued to snowball into much bigger problems for the Langstons. In fact, a few minutes after the encounter between Langston and the city alderman, Donna began having chest pains and was taken to the hospital where she was told that she experienced a mild heart attack. Langston attributes his wife's heart attack to all of these mounting problems connected with Ledgewood's issuance of the parking ticket. He ultimately blames the City of Iuka and Ledgewood personally for his wife's unfortunate situation.

¶ 11. Shortly after Donna had settled down at the hospital, Langston admittedly headed over to city hall to confront Ledgewood about the incident. This is when the assault in question occurred. Ledgewood subsequently filed assault charges against Langston, after which Langston filed assault charges against Ledgewood in return. However, the charges filed against Ledgewood were dropped because of Langston's failure to appear in court...