State v. Lindsey
Decision Date | 15 May 2009 |
Docket Number | No. 2008–347.,2008–347. |
Citation | 973 A.2d 314,158 N.H. 703 |
Court | New Hampshire Supreme Court |
Parties | The STATE of New Hampshire v. Bernard LINDSEY. |
Kelly A. Ayotte, attorney general (Thomas E. Bocian, assistant attorney general, on the brief and orally), for the State.
David Betancourt, public defender, of Dover, on the brief and orally, for the defendant.
The defendant, Bernard Lindsey, appeals his conviction for resisting arrest, see RSA 642:2 (Supp.2008), arguing that the Superior Court (Mangones, J.) erred in denying his motion to dismiss the charge at the close of the State's case. He contends that the evidence was insufficient to support his conviction because once the police detained him by handcuffing and forcing him to lie on the floor, his subsequent conduct was not culpable under the resisting arrest statute. We affirm.
The jury could have found the following facts. On the evening of February 25, 2007, two Concord police officers and one Boscawen police officer investigated a 911 hang-up call in Concord. When they arrived, the officers heard yelling and the sound of breaking glass from inside an apartment. The officers, who were in full uniform, entered the apartment and saw the defendant sitting on a couch holding a kitchen knife with a seven-inch blade. A coffee table was overturned and broken glass strewn about. The defendant was yelling and pointing the knife in the direction of another room. Two officers drew their guns and ordered the defendant to drop the knife. He ignored their commands and continued pointing the knife toward the other room. At gunpoint, the officers repeated the command numerous times, and the defendant finally stood up and dropped the knife. The police ordered the defendant to get down on the floor, but he failed to comply and continued yelling. Grabbing his shoulders, an officer forced him to the floor and handcuffed him to secure control of the scene. While the police handcuffed another individual and found two others in the apartment, they momentarily left the defendant face down on the apartment floor. All of the individuals were handcuffed and placed on the floor.
As the officers were assessing the situation, the defendant tried to get up, swinging around, yelling and screaming and pushing himself onto the couch. One officer tried to calm him down, but the defendant was pushing and pulling away and "bull-rushing" toward him. Another officer approached to help, but the defendant "yelled, screamed and kicked." The two officers brought the defendant to the floor and allowed him to sit upright, where he finally calmed down. The defendant was later charged with resisting arrest. At trial, the defendant claimed that he tried to get off the floor because he was having difficulty breathing. He moved to dismiss the charge, arguing that the State presented insufficient evidence to support a conviction for resisting arrest. The trial court denied the motion. The jury returned a guilty verdict, and this appeal followed.
The resisting arrest statute provides:
State v. Evans, 150 N.H. 416, 424, 839 A.2d 8 (2003) (citations omitted). The defendant's challenge focuses upon the meaning of the phrase "seeking to effect an arrest or detention" in RSA 642:2 and therefore presents an issue of statutory interpretation. "In matters of statutory interpretation, we are the final arbiter of the intent of the legislature as expressed in the words of a statute considered as a whole." Duquette v. Warden, N.H. State Prison, 154 N.H. 737, 740, 919 A.2d 767 (2007). With respect to the Criminal Code, we construe its provisions "according to the fair import of their terms and to promote justice." RSA 625:3 (2007). We look to the plain language of the statute at issue, Duquette, 154 N.H. at 740, 919 A.2d 767, and "consider words and phrases within the context of the statute as a whole, and in light of the policy or purpose advanced by the statutory scheme," State v. Kelley, 153 N.H. 481, 482, 899 A.2d 236 (2006).
A conviction for resisting arrest must rest upon conduct that occurs while law enforcement is "seeking to effect an arrest or detention." RSA 642:2. The plain meaning of "effect" includes: "to cause to come into being"; "to bring about esp. through successful use of factors contributory to the result"; "ACCOMPLISH, EXECUTE." Webster's Third New International Dictionary 724 (unabridged ed.2002). An "arrest" is defined by statute to mean "the taking of a person into custody in order that he may be forthcoming to answer for the commission of a crime." RSA 594:1 (2001); see also State v. Murray, 106 N.H. 71, 73, 205 A.2d 29 (1964). We have previously noted that the term "detain" means "to hold or keep in or as if in custody," "to keep back," and to "stop or delay." Kelley, 153 N.H. at 483, 899 A.2d 236.
Law enforcement officers may confront a myriad of scenarios when seeking to effect an arrest or detention, including volatile situations that can change in an instant, especially when they are exerting physical control over an individual. The resisting arrest statute reflects the policy that individuals "follow the commands of law enforcement officials, because doing so fosters the effective administration of justice, discourages self-help, and provides for the safety of officers." Id.
A society which seemingly becomes more complex with each passing day is enlightened when its laws reflect a high purpose to have apparent differences between those who wield the authority of government, and those who do not, resolved in the courts or by some other orderly process, rather than by physical confrontation on the street or in the gutter.
Id. (quotation omitted); see also RSA 594:5 (2001) ( ).
We construe the phrase "seeking to effect an arrest or detention" as including the entire course of events during which law enforcement officers seek to secure and maintain physical control of an individual, attendant to accomplishing the intended law enforcement duty. See Shambor v. State, No. 223, 2002 WL 31235416, at *1 (Del.Supr.Oct.4, 2002) (...
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