State v. Schnittgen
| Decision Date | 07 May 1996 |
| Docket Number | No. 95-384,95-384 |
| Citation | 922 P.2d 500,53 St.Rep. 710,277 Mont. 291 |
| Parties | STATE of Montana, Plaintiff and Appellant, v. Donald SCHNITTGEN, Defendant and Respondent. . Heard |
| Court | Montana Supreme Court |
Joseph P. Mazurek, Attorney General, Elizabeth L. Griffing and Brenda Nordlund, Assistant Attorneys General, Helena, Mark J. Murphy, Special Phillips County Attorney, Helena, Ed Amestoy, Phillips County Attorney, Malta, for appellant.
David L. Irving, Glasgow, Elizabeth A. Best, Best Law Offices, Great Falls, for respondent.
The State of Montana appeals from a judgment of the Seventeenth Judicial District Court, Phillips County, dismissing a criminal charge against Donald Schnittgen (Schnittgen). Schnittgen was charged with criminal mischief as a result of an incident at a bar in Zortman, Montana. Based on his behavior the same evening, Schnittgen was subsequently terminated from his position as deputy sheriff. Schnittgen moved to dismiss the criminal charge contending that his prosecution violated the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution and Article II, Section 25 of the Montana Constitution. After holding an evidentiary hearing on the motion, the District Court entered findings of fact, conclusions of law, and order dismissing the charge of criminal mischief as violative of Schnittgen's constitutional right against double jeopardy. We reverse.
Did the District Court err in dismissing the felony criminal mischief charge filed against Schnittgen on the basis that it violated the constitutional prohibition against double jeopardy?
On March 29, 1994, Schnittgen, a deputy sheriff in Phillips County, allegedly damaged substantial property at the Miner's Club Bar in Zortman, Montana. Schnittgen was off-duty at the time. He was at the bar with a friend, James Lile, when the Phillips County undersheriff and a deputy arrested Lile for criminal trespass because Lile refused to leave the bar after repeated requests. Schnittgen verbally abused the officer who arrested Lile. Upon returning from taking Lile to the county jail, the officers heard over the radio dispatch that Schnittgen was breaking things at the bar. Undersheriff Weber and Officer Sandsness called for backup and waited for Sheriff Peigneux and Deputy Miller to arrive. When the sheriff arrived, Schnittgen locked the door to the bar. After nearly a half an hour, Schnittgen agreed to come out of the bar and went to On March 31, 1994, Schnittgen was charged with criminal mischief, a felony, in violation of § 45-6-101(1), MCA, for damaging the property of the Miner's Club Bar and was served with a complaint and notice to appear. Schnittgen appeared before Gayle Stahl, Justice of the Peace, and was later released on a $5,000 bond. Immediately following this incident, Phillips County suspended Schnittgen without pay but subsequently changed his status to leave with pay.
the county jail in Malta with Sheriff Peigneux and Deputy Miller. Schnittgen sprayed catsup and mustard on the jail surveillance camera in his cell, causing damage to the camera.
On May 9, 1994, a specially-appointed deputy county attorney charged Schnittgen by information with criminal mischief, a felony, in violation of § 45-6-101, MCA, for damaging the bar in an amount exceeding $15,000. On June 2, 1994, at Schnittgen's initial appearance, the District Court appointed a public defender to represent him, released the bail he had posted, and released him on his own recognizance. At his arraignment on October 4, 1994, Schnittgen entered a "not guilty" plea and gave notice that he would use the defense of mental disease or defect.
On December 1, 1994, the Phillips County Attorney sent a letter to Schnittgen giving him notice of the Phillips County Sheriff's intent to terminate Schnittgen's employment and setting a date for a hearing before the Phillips County Board of Commissioners. The county attorney enclosed an affidavit disclosing, in summary, the following causes for Schnittgen's termination: disobeying the orders of the Sheriff and Undersheriff; insubordination to superior officers; criminal mischief to Phillips County property by damaging the jail cell camera; placing fellow officers in a hazardous situation; and incapacity materially affecting his ability to perform his official duties.
More specifically, the termination notice set forth the following as reasons for the termination proceeding:
a. After making an arrest on James Lile, a friend of Deputy Schnittgen, Undersheriff Bryan Weber indicated that Deputy Schnittgen became verbally abusive to Undersheriff Weber. Undersheriff Weber instructed Deputy Schnittgen to go home, to which Deputy Schnittgen replied "Is that a [f___]ing order boss?" Undersheriff Weber affirmed that it was an order to which Deputy Schnittgen replied, "Who's going to make me?" Deputy Schnittgen did not obey the order of the Undersheriff and remained at the scene. Deputy Schnittgen was ordered by Sheriff Gene Peigneux to remove himself from the bar and return to Malta. Deputy Schnittgen disobeyed the order of the Sheriff and continued to destroy property in the bar until a later time when he was finally convinced to go with the Sheriff and the Deputies. By these actions, Deputy Schnittgen disobeyed the reasonable orders of the Undersheriff and Sheriff.
b. While completing the arrest on Deputy Schnittgen's friend, Jim Lile, at the Zortman Bar, Deputy Schnittgen was insubordinate and verbally abusive to Undersheriff Weber by challenging him and telling him that he should quote "Suck [d___]." Deputy Schnittgen was also insubordinate to Sheriff Peigneux by failing to cease and desist his activities inside the Zortman Bar after the arrival of Sheriff Peigneux.
c. While off duty on the date in question, Deputy Schnittgen was drunk and disorderly and destroyed the property of the owners of the Zortman Bar. The estimated damages to the Zortman Bar as a result of Deputy Schnittgen's action was in the amount of $15,000. Subsequently, Deputy Schnittgen was charged with a felony offense and the trial in such criminal case in [sic] currently pending before the Seventeenth Judicial District Court.
d. Deputy Schnittgen was arrested and placed in the Phillips County Jail after the incident in Zortman. While in the Phillips County Jail, Deputy Schnittgen damaged county property by rubbing ketchup and mustard on a jail cell camera. Such abuse to the camera caused it to malfunction and required it to be sent in for repair.
e. Deputy Schnittgen placed himself as well as other deputy sheriff's [sic] in a hazardous situation when he would not leave the bar area with the law enforcement f. The violent and destructive outburst displayed by Deputy Schnittgen on March 29, 1994, which resulted in a substantial amount of damage to the Zortman Bar, the challenging of fellow officers, the disobedience to the Sheriff and the Undersheriff and the damaging of Phillips County property displays an incapacity on Deputy Schnittgen's part which materially effects [sic] his ability to perform his official duties as a deputy sheriff.
officers and also by challenging the officers and telling the officers to shoot him while he was in the bar area.
Schnittgen attended the hearing without counsel and read a statement that his participation in the hearing would violate his constitutional rights. On December 20, 1994, Phillips County terminated Schnittgen's employment.
On March 13, 1995, in the criminal proceedings, Schnittgen served a written notice of his intent to use the defense of mental disease or defect. He amended his notice on June 7, 1995, listing expert witnesses in support of this defense. The District Court appointed an additional expert to advise the defense, to assess medical records, and to coordinate expert testimony at trial. On June 15, 1995, Schnittgen moved to dismiss the criminal charge against him, claiming that his prosecution violated the Double Jeopardy Clause because the same conduct underlying the criminal prosecution formed the basis for Phillips County's termination of his employment. The State opposed the motion, claiming it was untimely filed and arguing that double jeopardy case law does not extend to a termination of employment.
Following a pretrial hearing, the District Court postponed consideration of Schnittgen's motion to dismiss and other pretrial motions until July 11, 1995. Following the July 11, 1995, hearing, the District Court entered findings of fact, conclusions of law, and order dismissing the charge of criminal mischief on the basis that the charge violated the Double Jeopardy Clauses of the United States and Montana Constitutions.
The State appeals the District Court's findings of fact, conclusions of law, and order.
Whether the Double Jeopardy Clause is implicated in a course of conduct against an individual by the government is a question of constitutional law. Therefore, our standard of review is plenary. See United States v. Tolliver (5th Cir.1995), 61 F.3d 1189, 1209, rev'd on other grounds, Sterling v. United States (1996), --- U.S.----, 116 S.Ct. 900, 133 L.Ed.2d 834. We review a district court's conclusions of law to determine if the court's interpretation of the law is correct. State v. Gould (1995), 273 Mont. 207, 219, 902 P.2d 532, 540.
Did the District Court err in dismissing the felony criminal mischief charge filed against Schnittgen on the basis that it violated the constitutional prohibition against double jeopardy?
The Double Jeopardy Clause of the Fifth Amendment to the United States Constitution provides that no person shall "be subject for the same offense to be twice put in jeopardy of life or limb." Similarly, Article II, Section 25 of the Montana Constitution provides that no person shall "be again put in jeopardy for the same offense previously tried in any jurisdiction." While...
To continue reading
Request your trial
-
Schuff v. AT Klemens & Son, 99-053.
...964 P.2d 41, ¶ 34 (citations omitted). ¶ 28 Our review of questions involving constitutional law is plenary. State v. Schnittgen (1996), 277 Mont. 291, 295, 922 P.2d 500, 503. A court's resolution of an issue involving a question of constitutional law is a conclusion of law which we review ......
-
State v. Anderson, 98-005
...... This Court's standard of review of a question of constitutional law such as this one is plenary. State v. Schnittgen (1996), 277 Mont. 291, 295, 922 P.2d 500, 503. . ¶7 The only case law offered by Anderson to support the District Court's decision is North Carolina v. Pearce (1969), 395 U.S. 711, 89 S.Ct. 2072, 23 L.Ed.2d 656, overruled in part and on other grounds, Alabama v. Smith (1989), 490 ......
-
S.L.M., Matter of
...law. Accordingly, we review to determine whether the court's interpretation of the law is correct. State v. Schnittgen (1996), 277 Mont. 291, 295, 922 P.2d 500, 503. Equal protection challenges to legislation are reviewed under one of three different levels of scrutiny. When the legislation......
-
City of Missoula v. Robertson, 98-029.
...¶ 11, 288 Mont. 415, ¶ 11, 958 P.2d 68, ¶ 11. Our review of questions involving constitutional law is plenary. State v. Schnittgen (1996), 277 Mont. 291, 295, 922 P.2d 500, 503. A court's resolution of an issue involving a question of constitutional law is a conclusion of law which we revie......