Teele v. State
| Decision Date | 18 April 2007 |
| Docket Number | No. 3D05-1170.,3D05-1170. |
| Citation | 954 So.2d 1195 |
| Parties | Arthur Earle TEELE, Jr., Appellant, v. The STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
David M. Garvin, Miami, for appellant.
Bill McCollum, Attorney General, and Heidi L. Bettendorf, Assistant Attorney General, for appellee.
Before RAMIREZ, WELLS, and CORTIÑAS, JJ.
Arthur Earle Teele, Jr., a former City of Miami Commissioner, appeals the trial court's final order of conviction and sentence, as well as various orders entered by the trial court during Teele's jury trial. We find that there was insufficient evidence to support the charge of corruption by threat against a public servant, and thus the trial court erred in denying Teele's motion for judgment of acquittal with respect to this charge. We, therefore, reverse and remand with directions for the trial court to enter a judgment of acquittal on count 2.
In July of 2004, the Miami-Dade County Police Department assigned a surveillance team to conduct non-contact undercover surveillance of Teele to determine where Teele went each day. Teele was unaware that he was under any kind of surveillance. The surveillance assignment was named Task Five and consisted of six detectives on the team: Jorge Plasencia, Mark Bullard, Ben Guerrero, Lily Gonzalez, Steven White and Greg Benjamin.
Several days a week, the surveillance team would meet in the morning and wait for Teele to leave his apartment. The team members each drove unmarked civilian vehicles and wore civilian clothes. The surveillance usually continued until Teele returned home in the evening.
In August of 2004, on a day when the surveillance team was waiting to follow Teele, Detective Plasencia decided to follow Mrs. Teele by himself. Mrs. Teele was not under any investigation. Detective Plasencia did not obtain prior permission from anyone else at the police department to follow Mrs. Teele.
Mrs. Teele drove from her residence to her work at Miami International Airport and noticed a light colored SUV following her. The vehicle followed her into the airport parking lot. She became upset and did not leave her vehicle until other pedestrians walked by. When Mrs. Teele arrived home that evening she told her husband that she believed that she was being stalked. Teele told her to be careful.
On August 24, 2004, Teele and his wife left their apartment at Venetia Plaza in separate vehicles at 8:13 a.m. They both headed for their apartment at 1000 North River Drive. They did not use the same route. That morning, the Task Five surveillance team members were set up outside the Venetia Plaza waiting to follow Teele.
Mrs. Teele and Teele arrived at 1000 North River Drive at approximately the same time. They each drove through the apartment gate. The Task Five surveillance team spread out and waited on the streets close by. When Mrs. Teele got inside her apartment, she told her husband that she thought she saw a white or light colored SUV following her again. Teele told his wife that she was imagining things. Mrs. Teele became upset and left the apartment.
Teele also left in his vehicle, a black Hyundai, but exited through the northeast gate and headed north toward Northwest 11th Street. Teele passed by Detective Plasencia on 10th Court. Detective Plasencia radioed other Task Five team members that Teele was leaving in his Hyundai and was headed to Northwest 11th Street. All of the detectives started moving toward Northwest 11th Street. Detective Bullard was driving a white SUV and pulled up directly behind Mrs. Teele.
Teele drove a few blocks when he decided to try and catch up to his wife and apologize to her because he realized that he had not handled his wife's concerns properly. Teele saw the white SUV with dark window tints right behind his wife. The SUV stopped at the stop sign. Teele made a partial u-turn and stopped his vehicle in front of the SUV to block it from moving. Teele got out of the vehicle and asked the unidentified driver for his driver's license and said that he was going to call the police. The unidentified man turned the wheels of the SUV sharply, stepped on the gas, hopped the curb, and sped away down the sidewalk on 11th Street at 8:32 a.m.
Teele got back into his car and caught up to the SUV which was traveling at approximately 35 mph eastbound on Northwest 11th Street and tried to pull the vehicle over. The SUV did not stop.
At 8:36 a.m., Teele called 9-1-1 and was placed on hold. The call was transferred by Miami-Dade County 9-1-1 to the City of Miami Police Department. At 8:41 a.m., the unidentified SUV pulled over onto the shoulder of the road on interstate 195. Teele pulled his vehicle at an angle in front of the SUV and stopped. Teele got out of his vehicle and left the driver's side door opened. At that time, the City of Miami 9-1-1 operator came onto Teele's cellular telephone, which was still in his car. The 9-1-1 operator recorded the entire conversation. The running time of the 9-1-1 tape is 8 minutes 9 seconds.
Teele started walking behind his vehicle to get to the driver's side of the SUV. The driver was still sitting in the SUV. Detective Plasencia parked behind Teele's vehicle. He blocked Teele when Teele got to the back of his Hyundai. Detective Guerrero then joined Teele and Detective Plasencia. Detective Benjamin walked to Detective Bullard's SUV and escorted him out of the vehicle. At all times Detectives Benjamin and Plasencia were between Teele and Detective Bullard. Detective Benjamin and Detective Bullard walked away from the vehicles and sat on the guardrail a short distance away. Detective Gonzalez stood back initially as Teele spoke with Detective Plasencia and Detective Guerrero. Detective White stayed back and observed the situation but did not participate in any discussion.
The parties stipulated to the transcript of the City of Miami Police Department 9-1-1 tape, as well as the transcript of the August 24, 2004 Task Five Radio Tape. The transcript of the discussion that took place while the 9-1-1 operator was on the line is reflected in the Appendix attached to this opinion. Teele raises three issues on appeal. We only address Teele's first assignment of error.
In essence, Teele alleges that no one ever told him there was a police investigation of him being conducted and that his numerous requests to see the unidentified man's (Detective Bullard's) badge were ignored. After the discussion and the incident ended, Teele drove away.
On September 15, 2004, the State filed a two-count information against Teele. Count one alleged that on August 24, 2004, Teele attempted to ram his vehicle into Detective Bullard's vehicle, of which constituted an aggravated assault with a deadly weapon (an automobile) in violation of Florida Statutes sections 784.021(1)(A) and 775.087(1). Count 2 alleged that Teele corruptly threatened Detective Bullard and other police officers with the intent and purpose to improperly prevent the performance of their duty with regard to an official police investigation in violation of Florida Statutes section 838.021(3)(B). Specifically, count 2 stated:
. . . ARTHUR EARLE TEELE JR on or about AUGUST 24, 2004, in the County and State aforesaid, did unlawfully and feloniously threaten unlawful harm to a public servant, to wit: DETECTIVES of the MIAMI-DADE POLICE DEPARTMENT, INCLUDING DETECTIVE MARK BULLARD, with the intent or purpose to influence the performance of any act or omission which said defendant believe to be, or the public servant represented as being, within the official discretion of the public servant, in violation of a public duty, or in performance of a public duty, to wit: CONDUCTING AN OFFICIAL POLICE INVESTIGATION, in violation of s. 838.021(3)(b) Florida Statutes, contrary to the form of the Statute in such cases made and provided, and against the peace and dignity of the State of Florida.
The information filed by the State Attorney defined the public servant as police officer Bullard and other officers of the Miami-Dade County police department. The public duty was defined as "conducting an official police investigation." Teele entered a plea of not guilty to both charges.
At Teele's jury trial, after the State rested its case, Teele moved for judgment of acquittal on both counts. With regard to count 2, Teele argued that the State did not present any evidence sufficient to warrant a conviction under count 2. The trial court denied the motion.
After the defense presented its case, the jury found Teele not guilty on count 1 but guilty on count 2. Teele renewed his motion for judgment of acquittal on Count 2 and moved for new trial. The trial court denied both motions.1
We agree with Teele that the State's evidence was insufficient to support a conviction for corruption by threat against a public servant, under section 838.021(3)(b), Florida Statutes (2004). Under the facts of this case, the State presented no evidence that Teele intended to corruptly affect a certain ongoing police investigation.
In Johnston v. State, 863 So.2d 271, 283 (Fla.2003), the Florida Supreme Court recognized that in reviewing a motion for judgment of acquittal, a de novo standard of review applies. Pagan v. State, 830 So.2d 792, 803 (Fla.2002). Generally, an appellate court will not reverse a conviction that is supported by competent, substantial evidence. Id.; Terry v. State, 668 So.2d 954, 964 (Fla.1996). There is sufficient evidence to sustain a conviction only if, after viewing the evidence in the light most favorable to the State, a rational trier of fact could find the existence of the elements of the crime beyond a reasonable doubt. Banks v. State, 732 So.2d 1065 (Fla.1999); Beard v. State, 842 So.2d 174, 176 (Fla. 2d DCA 2003). Moreover, if the State's evidence is wholly circumstantial, there must be sufficient evidence establishing each element of the offense, and the evidence must exclude ...
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