People v. Royal

• Decision Date: 23 July 1975
• Docket Number: Docket No. 19393
• Citation: 233 N.W.2d 860,62 Mich.App. 756
• Parties: PEOPLE of the State of Michigan, Plaintiff-Appellee, v. John ROYAL, Defendant-Appellant. 62 Mich.App. 756, 233 N.W.2d 860
• Court: Court of Appeal of Michigan — District of US

Page 860

233 N.W.2d 860

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. John ROYAL, Defendant-Appellant.

Docket No. 19393.

62 Mich.App. 756, 233 N.W.2d 860

Court of Appeals of Michigan.

July 23, 1975.

Released for Publication Oct. 22, 1975.

James R. Neuhard, State Appellate Defender, Detroit, for defendant-appellant.

[62 MICHAPP 756] Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., Raymond L. Scodeller, Pros. Atty., for plaintiff-appellee.

[62 MICHAPP 757] Before QUINN, P.J., and BRONSON and KAUFMAN, JJ.

PER CURIAM.

Defendant, John Royal, was one of a number of students protesting the presence of military recruiters at Michigan State University in May, 1972. He allegedly frustrated a compus police officer's attempted arrest of a fellow demonstrator. Convicted after jury trial of obstructing that officer in the lawful discharge of his duty, M.C.L.A. § 750.479; M.S.A. § 28.747, he appeals by right.

After the prosecution rested its case, Royal requested a directed verdict on the ground, Inter alia, that the people had failed to present sufficient evidence to support their claim that he 'knowingly' obstructed a police officer. We limit our treatment of the issues raised in this appeal to a discussion of the propriety of the trial judge's decision to deny Royal's motion.

In passing on a motion for a directed verdict of acquittal in a criminal case, the reviewing court must 1) consider only the evidence which had been introduced at the time the motion was made, People v. DeClerk, 58 Mich.App. 528, 228 N.W.2d 447 (1975), ¹ 2) view that evidence in the light most favorable to the prosecution, People v. Vail, 393 Mich. 460, 463, 227 N.W.2d 535 (1975); People v. Watkins, 36 Mich.App. 380, 385, 193 N.W.2d 914 (1971), and 3) determine whether that evidence, if credible and believed, would justify a reasonable [62 MICHAPP 758] man in concluding that all elements of the crime were established beyond a reasonable doubt. ² People v. Belcher, 29 Mich.App. 341, 352, 185 N.W.2d 440 (1971); People v. Hood, 37 Mich.App. 195, 197, 194 N.W.2d 472 (1971).

Applying these principles to the instant case, we proceed with a summary of the state of the evidence at the close of the prosecutor's case-in-chief (the time the motion was made), in the light most favorable to the prosecution.

Defendant entered the lobby of the MSU student services building, leading a group of approximately 50 student demonstrators. There were several [62 MICHAPP 759] men, dressed in business suits, standing at various points in the lobby. Some of these men were plain-clothed police officers (members of the university Department of Public Safety), others were university administrators and placement office officials.

As the students entered the lobby, four of these men positioned themselves together at the far end of the lobby. One of the men, a Mr. Fitzpatrick, identified himself to the crowd as assistant director of placement and informed the students that they would be allowed to demonstrate in the lobby but could not enter the corridors where interviews were being conducted. Defendant Royal was standing a few feet in front of the four men when Fitzpatrick addressed the crowd.

The students, chanting anti-war slogans, proceeded toward one of the corridors. Fitzpatrick moved out of the way, leaving the other three men to face the crowd. They stood three abreast, across the corridor, blocking the students' path. The man in the middle was carrying a 'mobile unit' or walkie-talkie.

As the students moved toward the corridor entrance, the man in the middle stepped forward. He stated that he was Lieutenant Badgley of the campus police. He repeated Fitzpatrick's instructions that no one was permitted to enter the corridor unless they had an interview appointment with one of the recruiters. Defendant Royal was directly in front of Badgley at this time. After making this announcement, Badgley stepped back in line with the other two men.

The crowd continued forward, entering the corridor. Badgley and the other two men acted together in an attempt to stop the students. They were pushed down the corridor toward the interview rooms.

[62 MICHAPP 760] At one point during the shoving match, one of the men flanking Badgley attempted to place one of the students under arrest. He announced his purpose by saying, 'You are under arrest.' Defendant Royal was standing a few feet away when this statement was made.

Minutes later and farther down the corridor, the man on the other side of Badgley attempted to arrest yet another student. He also made his purpose known by saying, 'You are under arrest.' Defendant Royal then grabbed the man and began pulling him away from the student, saying, 'Get your hands off her.' The man, identified at trial as Officer Dunlap of the Department of Public Safety, warned Royal, 'Get your hands off me, Royal, you are obstructing an arrest.' After Dunlap released his hands from the student, Royal let go of Dunlap. Royal was arrested and taken into custody a few hours later after the demonstration had ended.

It is important to note that there were no uniformed police officers visible anywhere in the building during this incident. The only officers present were dressed in plain clothes, without badges or other identifying emblems. Their garb was similar to that of the civilian university officials who were monitoring the event. Moreover, the man who defendant is charged with obstructing admitted that he never identified himself as a police officer.

In order to be found guilty of the charged offense, it must be shown that Royal actually knew that he was interfering with an authorized police officer in the exercise of his official duty. While it is true that Lieutenant Badgley identified himself as a police officer and stationed himself in close proximity to the other two men, it is also true that [62 MICHAPP 761] Badgley did not identify his companions as police officers, and that Badgley was working closely with Mr. Fitzpatrick, a similarly dressed civilian. Badgley's two companions never identified themselves as police officers. Moreover, it was clear to all that not everyone in the building was a police officer.

Royal could not be expected to guess at the identity of the men blocking his path. He cannot be punished for wrongly assuming that he was confronting a university official, like Mr. Fitzpatrick, when he grabbed a man who turned out to be a police officer.

That Officer Dunlap used the...