M.J. v. State, CA 10–724.
| Decision Date | 13 April 2011 |
| Docket Number | No. CA 10–724.,CA 10–724. |
| Citation | 381 S.W.3d 880,2011 Ark. App. 171 |
| Parties | M.J., a Minor, Appellant v. STATE of Arkansas, Appellee. |
| Court | Arkansas Court of Appeals |
OPINION TEXT STARTS HERE
Terry Goodwin Jones, Jonesboro, for appellant.
Dustin McDaniel, Atty. Gen., Karen Virginia Wallace, Asst. Atty. Gen., for appellee.
[Ark. App. 1]Appellant, M.J., was charged as a juvenile with disorderly conduct. Following a hearing, the juvenile judge adjudicated him delinquent. 1 As his sole point of appeal, he contends that the trial court erred in denying his motion for a directed verdict, specifically because the State failed to prove that he had either recklessly or intentionally committed disorderly conduct. Finding merit in his argument, we reverse.
Lewis Davis testified that he works for the juvenile office in Craighead County and also as a resource officer at the Success School. He described the contact that he had with [Ark. App. 2]appellant and his family on March 11, 2010. Davis was walking down the street at the time school was dismissed on that date, around 3:15 p.m., when he saw appellant's mother, Shamika Jenkins, in a car with her daughter Shanquawala. With knowledge there was an outstanding juvenile-arrest warrant for Shanquawala, he approached the car and instructed Shanquawala to get out of the car because she was under arrest. Shamika stopped her daughter from getting out of the car and drove off to thwart the arrest.
Davis explained that he called an officer on his cell phone; told him what had happened; and asked him to report a description of the vehicle to dispatch. Soon thereafter, approximately ten minutes, Shamika called Davis and told him she was on her way back with Shanquawala, but before she arrived, Officer Kerry Varner spotted her vehicle and pulled her over approximately thirty feet away from the school's parking lot. Davis stated that Varner placed Shanquawala under arrest, and was in the process of arresting Shamika for hindering arrest, when appellant began running toward them. Appellant saw his mother being handcuffed and yelled, “Get your hands off my mother.” Appellant was yelling in a very loud voice, and Davis said he heard appellant before he actually saw him. Davis did not remember appellant having clenched hands but appellant had “a look of fear or frustration.” According to Davis, he stopped appellant when appellant got close to him because he was afraid appellant would try to interfere with his mother's arrest. He told appellant to lower his voice, that he did not need to get involved, and that he did not want to arrest appellant for disorderly conduct. Then, appellant started yelling for the officer to get his “fucking” hands off his [Ark. App. 3]mother and that the situation was “fucked up.” Davis said that the incident went on for about twenty seconds, during which time he had his hands on appellant, and that appellant was jumping up and down. He could not say that appellant was trying to actively get past him.
Davis explained that the incident with appellant took place on the sidewalk in the residential area, next to a public street very close to the entrance of the Success School. He stated that there was “quite a bit of backed up traffic.” A utility detail was working nearby and there were “quite a few children around.” Davis testified that appellant did not quiet down until he got into a patrol car. Three units were present and another officer put appellant into the patrol car for Davis. Davis said that appellant was not cussing him, just cussing, and that he did that “about four or five times.”
On cross-examination, Davis testified that he believed appellant was extremely concerned about his mother and protective of his mother; that appellant's protective nature is a good trait, which is why Davis wanted to de-escalate the problem; that it was just speculation on Davis's part that appellant was going to interfere with the arrest; and that Davis himself did not think Shamika was being harmed.
Officer Caleb Landreth testified that he was called to the scene of the March 11 incident involving appellant because the mother had fled with her daughter. He explained that he had been notified by the resource officer, then radioed area units, and other officers had stopped the mother's car at the corner of Drake and Hoover. Landreth became aware of appellant when he started yelling and cussing him for arresting the mother. According to [Ark. App. 4]Landreth, appellant was about twenty to thirty yards away when he started yelling,
Landreth stated that the resource officer grabbed appellant and stopped him from advancing toward Landreth but that appellant continued to yell while the resource officer was directing him to be quiet and to stop. There were construction workers in the area and “traffic had piled up because of the stop and the construction so we had cars all around with the school kids and the parents who were there to pick up their kids.” (Emphasis added.)
At the conclusion of the State's case, appellant moved for a directed verdict. The trial court denied the motion.
Shamika Jenkins testified, essentially denying that appellant did any cussing. Similarly, his sister, Shanquawala, testified that she did not see appellant being unruly or disorderly before he was arrested. Crishana Staley, a family friend, testified that she observed the incident and heard the resource officer say “it would be a family affair” as he was arresting appellant.
Appellant testified that he was fifteen years old; that his main concern during the incident was his mother; that they were “manhandling” her; that he knew his sister had a warrant but did not know why they were arresting his mother; that he was very worried about that; and that he “was only yelling when I was trying to get someone to answer me about why my mother was being arrested.” He denied cussing Davis or any of the other officers—at least prior to his arrest.
[Ark. App. 5]Appellant again moved for a directed verdict after resting his case, which was also denied.
The standard of review for sufficiency of the evidence in a juvenile proceeding is the same as in a criminal case. R.W. v. State, 2010 Ark. App. 220, 2010 WL 724310. In reviewing a juvenile-delinquency case, we look at the record in the light most favorable to the State to determine whether there is substantial evidence to support the conviction. Id. Substantial evidence is evidence of sufficient force and character that it will, with reasonable certainty, compel a conclusion one way or the other, without mere speculation or conjecture. Id. In determining whether there is substantial evidence, we only consider that evidence tending to support the verdict, and we do not weigh the evidence presented at trial, as that is the responsibility of the finder of fact. Id.
Disorderly conduct
Arkansas Code Annotated section 5–71–207 (Supp.2009) provides:
Disorderly conduct.
(a) A person commits the offense of disorderly conduct if, with the purpose to cause public inconvenience, annoyance, or alarm or recklessly creating a risk of public inconvenience, annoyance, or alarm, he or she:
(1) Engages in fighting or in violent, threatening, or tumultuous behavior;
(2) Makes unreasonable or excessive noise;
(3) In a public place, uses abusive or obscene language, or makes an obscene gesture, in a manner likely to provoke a violent or disorderly response;
(4) Disrupts or disturbs any lawful assembly or meeting of persons;
(5) Obstructs vehicular or pedestrian traffic;
[Ark. App. 6]6) Congregates with two (2) or more other persons in a public place and refuses to comply with a lawful order to disperse of a law enforcement officer or other person engaged in enforcing or executing the law; (7) Creates a hazardous or physically offensive condition;
(8) In a public place, mars, defiles, desecrates, or otherwise damages a patriotic or religious symbol that is an object of respect by the public or a substantial segment of the public; or
(9) In a public place, exposes his or her private parts.
(Emphasis added.) 2
Appellant contends that the trial court erred in denying his motion for a directed verdict because the State...
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