State v. Wearing
| Decision Date | 07 November 2006 |
| Docket Number | No. 27018.,27018. |
| Court | Connecticut Court of Appeals |
| Parties | STATE of Connecticut v. Edward WEARING. |
David A. Leff, for the appellant (defendant).
Timothy F. Costello, special deputy assistant state's attorney, with whom, on the brief, were Michael Dearington, state's attorney, and Brian J. Leslie, assistant state's attorney, for the appellee (state).
FLYNN, C.J., and LAVINE and FOTI, Js.
The defendant, Edward Wearing, appeals from the judgment of the trial court, rendered after a jury trial, of interfering with an officer in violation of General Statutes § 53a-167a. On appeal, the defendant raises several claims, all premised on his contention that probable cause to make the arrest is an element of the crime. The defendant argues that because the state failed to prove that the police officer who arrested him had probable cause to do so, there was insufficient evidence by which the jury could find him guilty. Because probable cause to arrest is not an element of the crime of interfering with a police officer, we affirm the judgment of the trial court.
The jury reasonably could have found the following facts. On October 9, 2004, the defendant; his mother, Estelle Barfield; his sister, Metasha Wearing; and other members of the family were present at a home on Sherman Avenue in New Haven, which the defendant and his father had just purchased. The defendant and his sister had a volatile argument. The defendant first, and then his sister, telephoned for police assistance. The defendant wanted the police to remove his sister and her motor vehicle from the premises. David Runlett and Victor Fuentes, New Haven police officers, responded to the calls that were classified by the dispatcher as a domestic dispute. Runlett and Fuentes were dressed in uniform when they arrived in separate marked police vehicles. Because Runlett arrived first, he conducted the investigation.
When Runlett arrived, the defendant was standing on the porch in front of the residence. The defendant appeared to be agitated and upset when Runlett briefly spoke to him. Runlett therefore went into the house to interview the defendant's mother and sister. The interviews lasted approximately ten minutes. On the basis of the interviews and his training and experience, Runlett determined that the defendant should be arrested.
While Runlett was conducting the interviews, Fuentes spoke to the defendant. The defendant spoke in a boisterous manner and used profanity. Fuentes detected the odor of alcohol on the defendant's breath. The defendant's aunt came outside and tried to calm him. By the time Runlett had completed the interviews, the defendant was standing in the front yard near Fuentes. Runlett indicated to Fuentes by crossing his arms and nodding toward the defendant that he was going to arrest the defendant. Runlett approached the defendant from behind and told him that he was under arrest. Runlett asked the defendant if he had anything dangerous in his pockets. The officers patted down the defendant. Runlett then placed a handcuff on the defendant's left wrist. The defendant became rigid and stiffened his right arm when Runlett attempted to place the handcuff on that arm. The defendant ignored the officer's command to put his right arm behind his back. The defendant is taller than six feet, and Runlett is five feet, seven inches tall. Due to the differences in their size, Runlett was unable, even with Fuentes' assistance, to handcuff the defendant's right arm. For the safety of the defendant and themselves and in accordance with department policy, the officers attempted to put the defendant in a prone position. A further struggle ensued, and the defendant put Runlett in a head lock. The two officers and the defendant continued to struggle until Runlett was able to spray the defendant with pepper spray. The officers then placed the defendant on the ground and secured the handcuff on the defendant's right arm. The defendant was arrested and charged with four crimes: threatening in the second degree in violation of General Statutes § 53a-62, disorderly conduct in violation of General Statutes § 53a-182, assault on a public safety officer in violation of General Statutes § 53a-167c and interfering with an officer in violation of § 53a-167a.
The state amended the information before trial, dropping the threatening and disorderly conduct charges, and charging the defendant only with assault of a peace officer and interfering with an officer. During trial, the state did not present evidence as to why Runlett decided to arrest the defendant. At the charging conference, the defendant asked the court to instruct the jury that a police officer must have probable cause to make a warrantless arrest. The court did not include that instruction in its charge. After the court instructed the jury,1 counsel for the defendant asked the court to clarify its charge by adding that "if you find that there is no fact upon which the officer could have . . . concluded there was probable cause, then you must acquit . . . ." The court denied the request.
The defendant filed a motion for a judgment of acquittal, arguing that the state had failed to offer into evidence the specific facts on which the jury could conclude that Runlett had probable cause to believe that the defendant had committed a crime on October 9, 2004. The court reserved judgment on the motion for a judgment of acquittal. After the jury found the defendant not guilty of assault of a peace officer but guilty of interfering with an officer, the defendant renewed his motion for a judgment of acquittal. The court denied the motion. The defendant thereafter filed a motion for reconsideration and for articulation with respect to the motion for a judgment of acquittal after the verdict. In his motion for reconsideration, the defendant relied on State v. Gallagher, 191 Conn. 433, 465 A.2d 323 (1983), overruled in part by State v. Brocuglio, 264 Conn. 778, 786, 826 A.2d 145 (2003), and State v. Brocuglio, 264 Conn. 778, 826 A.2d 145 (2003), in which our Supreme Court affirmed one's right to resist an unlawful entry into one's home. The trial court issued a memorandum of decision in which it denied the defendant's motion for reconsideration, concluding that the defendant had called for police assistance and that there was no evidence of an unlawful entry into the defendant's home because the defendant's mother had permitted Runlett to enter.2
On appeal, the defendant claims that (1) there was insufficient evidence to prove beyond a reasonable doubt that he was guilty of interfering with an officer because the state failed to prove that the officers had probable cause to arrest him, (2) the court improperly failed to charge...
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State v. Lamantia
...hinders, or endangers, (2) a peace officer, (3) while the officer is in the performance of his or her duties." State v. Wearing , 98 Conn. App. 350, 355, 908 A.2d 1134 (2006), cert. denied, 281 Conn. 905, 916 A.2d 47 (2007). In State v. Briggs , 94 Conn. App. 722, 728, 894 A.2d 1008, cert. ......
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State v. Walters, No. 28496.
...in the performance of their duties and acted with the intent to interfere in the performance of their duties. See State v. Wearing, 98 Conn.App. 350, 355, 908 A.2d 1134 (2006), cert. denied, 281 Conn. 905, 916 A.2d 47 (2007). Little further analysis is necessary. The defendant admitted to t......
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Moyher v. Comm'r of Corr.
...The court also found that the petitioner was not entitled to a jury instruction on an illegal police entry; see State v. Wearing, 98 Conn.App. 350, 356, 908 A.2d 1134 (2006), cert. denied, 281 Conn. 905, 916 A.2d 47 (2007); and that the petitioner was not prejudiced by the performance of hi......
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Moyher v. Comm'r of Corr.
...The court also found that the petitioner was not entitled to a jury instruction on an illegal police entry; see State v. Wearing, 98 Conn. App. 350, 356, 908 A.2d 1134 (2006), cert. denied, 281 Conn. 905, 916 A.2d 47 (2007); and that the petitioner was not prejudiced by the performance of h......