Stanley v. State

• Docket Number: 559-2022
• Decision Date: 09 February 2024
• Parties: ERNEST L. STANLEY v. STATE OF MARYLAND
• Court: Court of Special Appeals of Maryland

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ERNEST L. STANLEY v. STATE OF MARYLAND

No. 559-2022

Court of Special Appeals of Maryland

February 9, 2024

UNREPORTED ^[*]

Circuit Court for Prince George's County Case No CT-191181-X

Reed, Albright, Wright, Alexander, Jr. (Senior Judge, Specially Assigned), JJ.

OPINION

Reed, J. Ernest L. Stanley, appellant, a Lieutenant in the City of Bowie Police Department, was found guilty, following a bench trial in the Circuit Court for Prince George's County, of misconduct in office.^[1] After the court imposed a suspended sentence, Lieutenant Stanley noted this timely appeal, in which he presents two claims for our review:

1. Did the trial court err in denying Defendant's Motion for Judgment of Acquittal where no predicate offense existed to support the charge of Malfeasance?

2. Did the trial court err in denying Defendant's Motion for Judgment of Acquittal where no evidence was presented as to corrupt intent?

We hold that the first claim is not preserved and that neither claim has merit. Consequently, we affirm the judgment.

BACKGROUND

In the evening of August 8, 2018, Lieutenant Stanley conducted a traffic stop of a black 2017 Nissan Sentra driven by Ramon Abass after observing that vehicle driving at high speed and running a red light. When Mr. Abass subsequently drove away Stanley fired three shots at his fleeing car, which contained, in addition to Mr. Abass, a female passenger.

Other details surrounding the traffic stop were disputed by the parties. The principal point of contention was precisely what happened at the moment Lieutenant Stanley discharged his service weapon. The State alleged that Lieutenant Stanley fired at Mr. Abass's car as he was driving away, and thus, the use of deadly force was not justified because, at that time, Lieutenant Stanley was not in danger. Lieutenant Stanley, on the other hand, maintained that his arm was still inside Mr. Abass's car as it began to drive off and that he fired his weapon because he feared for his life.

Following an investigation by the Prince George's County Police Department, an indictment was returned, by the Grand Jury for Prince George's County, charging Lieutenant Stanley with a single count of misconduct in office. The indictment alleged that Lieutenant Stanley "on or about the 8th day of August, 2018, in Prince George's County, Maryland, did, while acting as a public official to wit: a Bowie City Police Officer, engage in corrupt behavior by doing an unlawful act for recklessly endangering lives by firing his service weapon at a fleeing car with no objectively imminent threat of harm[.]" Lieutenant Stanley waived his right to a jury trial,^[2] and a two-day bench trial was held in late 2021.

The State called four witnesses: Lieutenant John Knott of the City of Bowie Police Department; Detective Alexander Gonzalez of the Prince George's County Police Department; Thomas Brucia, a civilian crime scene investigator who works for the Prince George's County Police Department; and Corporal Diderot Alerte of the Prince George's County Police Department, the State's expert in police tactics and use of force.

Lieutenant Stanley testified on his own behalf, and the defense called its own expert on use of force and defensive tactics, Paul Mazzei, a former law enforcement officer with extensive experience in training police officers.

Lieutenant Knott testified that, on the evening in question, he heard Lieutenant Stanley over a police radio requesting "a warrant check on an individual" whom he had detained during a traffic stop. Lieutenant Knott recognized the name of that person, Ramon Abass, as someone "known to either carry drugs and/or weapons or be with people who are armed." Lieutenant Knott alerted Lieutenant Stanley to his belief concerning Mr. Abass because he thought it was "important" that Lieutenant Stanley know that Mr. Abass "may be armed."^[3]

Shortly thereafter, when Lieutenant Stanley broadcast that there had been a "departmental shooting," Lieutenant Knott responded to the scene. According to Lieutenant Knott, Lieutenant Stanley stated that, in attempting to remove Mr. Abass from his vehicle, Lieutenant Stanley reached his left hand inside, through the open driver's side window, and tried to open the door. When Mr. Abass sped away, Lieutenant Stanley "was struck in the arm and fired" three shots.

Detective Gonzalez conducted "a thorough investigation" of the incident, parallel to the investigation being conducted by the Internal Affairs Division, to ascertain whether Mr. Abass had "committed a crime during the course of events that took place." As part of that investigation, Detective Gonzalez interviewed Lieutenant Stanley a "couple days after" the incident. A transcript of that interview was admitted into evidence, and a portion of it relating Lieutenant Stanley's version of events was read in open court. Because Lieutenant Stanley sought medical treatment within an hour after the incident, Detective Gonzalez subpoenaed the medical records, which stated, among other things:

Patient was on-duty as a Bowie Police Officer. States he reached into driver's window to unlock door. Driver rolled up window and drove away with the officer's hand still in window. Felt slight pain shooting to hand but this was resolved. Patient did not fall. Denies neck pain, back pain, head injury or any other injuries.

(Emphasis added.)

Mr. Brucia, accepted as an expert "in the field of bullet trajectory and shooting incident reconstruction," responded to the scene of the shooting while it "was still daylight." He recovered three shell casings and Lieutenant Stanley's service weapon, which he submitted for forensic analysis. The following day, he located Mr. Abass's car and performed a "complete search of the vehicle for any items of evidence that might be there," including "any bullets that may have struck the vehicle during the incident." Mr. Brucia determined that one bullet had struck Mr. Abass's car in the left rear bumper, approximately thirteen inches above "the level of the roadway." He further concluded that the bullet was traveling downward at approximately a six-degree angle, "going from the left side of the vehicle towards the right side of the vehicle, from the back of the vehicle towards the front of the vehicle." From this, he inferred that Lieutenant Stanley could have been "25 to 30 feet maximum from the rear of the vehicle" when he fired that shot, although Mr. Brucia emphasized that this was just an estimate.

Corporal Alerte, the State's expert on use of force, testified that Lieutenant Stanley had not been justified in discharging his weapon that evening, declaring:

Based on what I've heard today, his arm was struck by the car. When he put it inside the car, his arm was struck. His body -- at no point in time [was] there any mention of [his] body being hit or dragged by the car.

So based on what I've heard, the car hit him, the car continued going. So at that point in time, there was no longer a threat of physical bodily injury or death to Lieutenant Stanley at that time.

Therefore, concluded Corporal Alerte, a reasonable police officer would not have "used that force in that situation."

Prior to presenting its case, the defense moved for judgment of acquittal, contending that reckless endangerment should have been charged in the indictment but was not, therefore requiring judgment of acquittal,^[4] and further contending that the evidence was insufficient to prove that Lieutenant Stanley had acted with corrupt purpose. The court reserved ruling on the motion, and the defense then presented its case.

Lieutenant Stanley testified that he initiated the traffic stop because Mr. Abass "was recklessly operating [his] vehicle." After he checked Mr. Abass's driver's license and registration and determined that there were no outstanding warrants, but having been apprised by Lieutenant Knott that Mr. Abass was "known to carry firearms," Lieutenant Stanley returned to Mr. Abass's car and, while assuming a defensive posture, asked him to step outside. Mr. Abass declined to do so.

Lieutenant Stanley attempted to open the driver's side door of Mr. Abass's car, using the outside door handle, but the door was locked. Then, according to Lieutenant Stanley, Mr. Abass took his hands off the steering wheel, turned to his right, and reached toward the console with both hands while "he maintained eye contact with" Lieutenant Stanley.^[5] Lieutenant Stanley reached his left hand "deep" inside the car and attempted to open the door using the inside handle. His right hand was "gripped on" his service weapon. Then, according to Lieutenant Stanley, the engine of Mr. Abass's car roared, and Lieutenant Stanley felt the weight of the car against him. When Lieutenant Stanley "felt the vehicle lean towards" him, he "started to lose [his] balance" and "held on to the inside" of the car. Between the time "that the engine roared and [he] started feeling the movement," Lieutenant Stanley "began the process of withdrawing [his] firearm." According to Lieutenant Stanley, he fired three shots, and while he did so, his "left arm was still holding on to the inside of the vehicle, and [his] feet were rapidly moving trying to catch so [he] didn't go down." He acknowledged, however, that at no time did he fall.

Mr. Mazzei opined, among other things, that Lieutenant Stanley's decision to discharge his weapon was objectively reasonable under the circumstances. Specifically, Mr. Mazzei declared that "in that circumstance it would be reasonable [for Lieutenant Stanley] to fear being pulled under the rear tire and being run over and possibly dragged," which could have resulted in "serious bodily harm or death."

After closing argument by the parties, the court reces...