State v. Stillwell
| Decision Date | 03 June 2003 |
| Docket Number | No. COA02-847.,COA02-847. |
| Court | North Carolina Court of Appeals |
| Parties | STATE OF NORTH CAROLINA v. ROBERT MICHAEL STILLWELL. |
Geoffrey W. Hosford, for defendant.
Robert Michael Stillwell (defendant) was convicted on 8 March 2002 of two counts of assault upon a government official and one count of assault with a deadly weapon upon a government official. After determining defendant had a prior record level of III, the trial court sentenced defendant to two terms of 150 days active imprisonment to run consecutively, as well as a minimum term of 21 months to a maximum term of 35 months suspended, subject to 60 months supervised probation to begin at the expiration of the two terms of active imprisonment. Defendant appeals.
The State's evidence tended to show that defendant, along with his girlfriend, Chasity Steele (Ms. Steele), his mother, SheilaHolland (Ms. Holland), and his stepfather, Charles Holland (Mr. Holland), had dinner in Shallotte, North Carolina at Zeng's Chinese Restaurant (the restaurant) on 16 March 2001 around 7:30 to 8:00 p.m. Defendant was a resident of Gastonia, North Carolina. The group had been in Myrtle Beach, South Carolina earlier that day, and had consumed some alcoholic beverages around 4:30 or 5:00 p.m. Defendant had consumed four beers, Ms. Steele had consumed a few mixed drinks, Mr. Holland had consumed four or five beers, and Ms. Holland had consumed at least three rum drinks. At least three law enforcement officers who witnessed the group testified that all of the members of the group appeared to be impaired that evening.
Everyone in the group ordered the buffet dinner at the restaurant. Before leaving, Ms. Steele asked the waiter for a to- go container because she could not finish all of the food on her plate. After Ms. Steele put her food in the to-go container the owner, Margaret Zeng (Ms. Zeng), told Ms. Steele that she would have to pay extra to take the to-go container out of the restaurant. Ms. Zeng explained this to Ms. Steele and the group several times. The group became angry, cursed excessively and were rude to Ms. Zeng. Ms. Steele said she was not going to pay for another buffet and threw the to-go container at Ms. Zeng, covering her with food.
Ms. Zeng called 911 and had begun speaking with a 911 operator when she noticed that two Brunswick County deputy sheriffs were standing in the restaurant doorway waiting to be seated. Deputies Todd and Babson were not in uniform; however, they were wearingtheir sheriff's badges and their guns. Ms. Zeng asked the deputies if they were on duty and they said they were. At the same time, Ms. Holland was attempting to leave the restaurant with a container of food. Deputy Todd advised defendant, Ms. Holland, and Mr. Holland that she and Deputy Babson were deputy sheriffs. Deputy Babson told Ms. Holland that if she left the restaurant with the food, she would be arrested. Ms. Holland walked outside, followed by Ms. Zeng, the deputy sheriffs, defendant and Mr. Holland.
While Ms. Zeng was telling the deputy sheriffs what had happened in the restaurant, Ms. Steele became angry and violent, prompting Deputy Babson to ask Ms. Steele to step aside to settle her down. Ms. Zeng also testified that as she continued telling the deputies what had occurred, Ms. Holland said, "I'm going to throw this other plate of food at you." Deputy Todd responded, "[i]f you throw that plate, I'm going to arrest you right here." Ms. Holland bent over and said, "[o]h, she's punched me in the face." However, Deputy Todd testified that she did not hit Ms. Holland at any time. Deputy Babson dialed 911 on her cell phone to request another officer. Defendant shouted, "[w]hip her a__" and "I don't give a [g.d.], bring the [m.f.] police on." Defendant began walking toward Deputy Todd, who put her hand up warning defendant not to approach her. Defendant stated, "If you didn't have that gun and that badge on your side, I'd show you how it was done in Gastonia." Deputy Babson's call to 911 was abruptly ended when Ms. Steele hit her from behind, knocking the cell phone from Deputy Babson's hand. Deputy Todd testified that Ms. Steeleshouted, "[y]ou hit my mother-in-law, I'll kick your a__," and then began attacking Deputy Todd. Deputy Todd told Ms. Steele that she was under arrest. Defendant blocked Deputy Todd's path to Ms. Steele, moving in between Ms. Steele and Deputy Todd every time Deputy Todd tried to place Ms. Steele under arrest. While defendant was acting as a shield, Ms. Steele hit Deputy Todd in the face twice and kicked her once or twice.
Deputy Babson testified that Ms. Steele turned on her, saying that "nobody touched her husband." Defendant responded, saying, "[u]ndoubtedly, they don't know how we f____d them up in Gastonia." Deputy Babson called 911 again and followed Ms. Steele into the parking lot. Deputy Babson placed one hand on Ms. Steele and one hand on the door of the car Ms. Steele was walking towards. Defendant grabbed Deputy Babson from behind by her arms and pulled her around. While Deputy Babson was being held by defendant, Ms. Steele hit her in the face and grabbed her glasses and hair. Defendant bruised and scratched Deputy Babson's arms when he grabbed her.
After Deputy Babson struggled free from defendant's grasp, defendant and Ms. Steele were standing in front of Deputy Babson. Defendant was also pinning Deputy Todd up against the car. Ms. Holland reached around defendant and Ms. Steele and stabbed Deputy Babson in the hip with a knife. Deputy Babson shouted to Deputy Todd that she had been stabbed by Ms. Holland. Ms. Holland and defendant ran away, enabling Deputy Babson to regain control of Ms. Steele. After several law enforcement officers arrived, Deputy Babson asked Deputy Marshall Evans to take Ms. Steele since Deputy Babson had been stabbed and needed to go to the rescue unit. Deputy Babson was taken by ambulance to Brunswick Emergency Center. Deputy Evans arrested Ms. Steele and placed her in a patrol car. Deputy Todd and another officer went back into the restaurant to find Ms. Holland. After an initial struggle, Ms. Holland was arrested. Deputy Todd placed Ms. Holland in the patrol car where Ms. Steele was seated. Ms. Holland pinned Deputy Todd against the cage unit in the patrol car and began kicking her in the face, shouting, "[y]ou four-eyed b__ch, I'll beat your a__." After Deputy Todd got Ms. Holland under control, defendant and Mr. Holland walked by the patrol car and defendant stated, "[t]his is the way we do it in Gastonia."
Defendant testified at trial that after Ms. Steele left the restaurant, he went to the counter to pay for his meal. He testified that he could not pay for his meal because Ms. Zeng left the register. While he was looking through the glass door of the restaurant, he saw Deputy Todd yanking Ms. Steele around, and he told Ms. Holland to go see what was going on. Defendant testified that he did not know Deputy Todd was a law enforcement officer. Defendant testified that he pinned Deputy Todd against a car and Deputy Todd then slapped him, and that as defendant was preparing to punch Deputy Todd, she pulled out her badge, causing defendant to stop. Defendant testified that he only tried to help restrain Ms. Steele and did not intentionally strike Deputy Babson as sheand Ms. Steele were walking away from the restaurant. Defendant denied that the voice heard on the 911 tapes shouting obscenities was his, or that he ever stated anything in a threatening way about being from Gastonia. Defendant admitted he had been convicted of two counts of simple possession of marijuana, one count of carrying a concealed weapon, and one count of trespassing.
Julia Hardy (Ms. Hardy) testified she witnessed what happened at the restaurant. Ms. Hardy was being represented in another matter by the attorney representing Ms. Steele in this case. She testified that she saw food flying in the restaurant, and then saw Ms. Steele leave the restaurant. Ms. Hardy testified that defendant and Mr. Holland attempted to pay for their food before leaving the restaurant. She did not notice anything about the appearance of Deputies Babson and Todd that suggested they were law enforcement officers. However, Ms. Hardy admitted that she could not see the second deputy very well because the deputies were standing one in front of the other blocking her angle of vision. Ms. Hardy also testified that she saw Deputy Todd hit Ms. Holland in the face, but on cross-examination she agreed it was more of a push than a strike. Ms. Hardy testified that she did not see defendant touch either of the deputies; however, she admitted she could not see the part of the incident that occurred farther into the parking lot between the cars.
Mr. Holland testified that as the group finished eating, Ms. Steele became angry and slammed her to-go container down on the table, causing food to fly everywhere. He testified that Ms.Steele then left the restaurant. Mr. Holland said that while standing in line to pay for his meal, he saw Ms. Steele outside the restaurant arguing with Deputy Todd. While he and defendant stood in line to pay, defendant sent Ms. Holland outside to see what was going on. He testified that Deputy Todd began "whupping up" on Ms. Steele and that Ms. Holland was trying to break it up. Mr. Holland testified that when he and defendant walked outside, he saw Deputy Todd slap Ms. Holland. Mr. Holland became angry and shouted, "[s]omeone needs to call the G.D. police." He also testified that defendant pushed Deputy Todd against a car, and that Deputy Todd pulled out her badge and said, "I am the police." Other police...
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