Barnes v. State

206 S.W.3d 601, 2006 Tex. Crim. App. LEXIS 831, 2006 WL 1083968
CourtCourt of Criminal Appeals of Texas
DecidedApril 26, 2006
DocketPD-0939-05
StatusPublished
Cited by20 cases

This text of 206 S.W.3d 601 (Barnes v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Barnes v. State, 206 S.W.3d 601, 2006 Tex. Crim. App. LEXIS 831, 2006 WL 1083968 (Tex. 2006).

Opinions

KELLER, P.J.,

delivered the opinion of the Court

in which PRICE, WOMACK, JOHNSON, KEASLER, HERVEY, HOLCOMB and COCHRAN, JJ., joined.

Today we address whether various acts committed during a traffic stop are sufficient to show interference with a peace officer’s public duties. We find that they are, and reverse the judgment of the Court of Appeals.

I. BACKGROUND

A. Facts

On March 6, 2002, Department of Public Safety Trooper Mark Koenig stopped appellant’s pickup truck for traveling 65 m.p.h. in a 55 m.p.h. zone. The truck was occupied by appellant and her seven-year-old son. Koenig parked his patrol car behind the truck, and because the highway was a high-speed zone, approached appellant’s vehicle on the passenger side. He opened the passenger door to speak to appellant. He testified that he opened the door because of the noise of the truck’s diesel engine and because it appeared that the driver had signaled for him to open the door because she could not reach it. However, opening the door angered appellant, who began to berate the officer about the stop and his conduct.1 Koenig closed the truck’s door and continued to speak to appellant through the open passenger window. He told appellant he was going to write her a citation and told her to stay where she was. He then returned to his patrol car to verify appellant’s identity and to run a check of her criminal history and driving record.

[603]*603As Koenig sat in his patrol car, appellant’s truck began to move slowly forward. (At some point, appellant had also rolled up her windows.) Koenig interrupted his conversation with the dispatcher and exited his vehicle to approach the truck. He repeatedly warned appellant to stop and to put the vehicle’s gearshift into park, but the truck continued to move slowly some distance before coming to a complete halt. Koenig estimated that the total distance traveled was 70 feet. After appellant’s initial refusal to stop, Koenig added to his two previous commands a command to exit the vehicle. But while appellant belatedly complied with the command to stop, she ignored his other commands, refusing to put the gearshift into park and refusing to leave the truck. Koenig then moved his patrol car forward to bring it closer to the truck and called for assistance. Deputy Ralph Fisher came to his aid, pulling his vehicle in front of appellant’s truck to prevent forward movement. Koenig then moved his car directly behind appellant’s truck to box her in.

Koenig approached appellant’s vehicle again and repeated requests for her cooperation. Several times he asked her to roll down her windows or to get out of the truck, but she ignored these requests. More than once, he also told her, “Don’t make this difficult. This is a speeding ticket.” Later, Koenig asked if appellant would at least crack the window so that they could more easily engage in conversation, as he was having difficulty hearing her through the closed window. At some point, appellant began reading a book.

About ten minutes into the incident, appellant began searching in her purse and under her seat. Koenig, fearing that appellant was reaching for a weapon, drew his service weapon, pointed it at appellant, and ordered her to show her hands. From time to time, appellant would withdraw her hands from view to reach for something, prompting Koenig to repeatedly request that appellant keep her hands in view.

Approximately forty minutes after the stop, and after consulting by phone with a superior officer, Koenig advised appellant that she was under arrest for evading arrest and refusing to accept the speeding citation. He requested that she peacefully step out of the vehicle and explained that if she did not, he would have to break the window and forcibly remove her. He then said, “Please do not force us to do that.” He also told her that, if she was forcibly removed from the vehicle, her child would be placed in the custody of Child Protective Services. When she did not respond, he repeated pleas for her to put the vehicle into park and to step out. After appellant ignored these latest pleas, Koenig broke a window in appellant’s truck and opened the doors. Koenig restrained appellant while Fisher attempted to restrain appellant’s son. Appellant shouted for the boy to run and shouted, apparently to anyone passing by or looking on, “They will kill him.” The boy first turned as if to run onto the highway and then ran to a nearby gas station where he was stopped by a civilian.

The entire incident was videotaped by a camera in Koenig’s patrol car. The tape, with some edits made in response to appellant’s objections, was shown to the jury. We have viewed the edited version of the tape.

As a result of this incident, appellant was charged with the offense of “Interference With Public Duties,” a Class B misdemeanor.2 The information under which appellant was tried charged that she did

[604]*604... with criminal negligence interrupt, disrupt, impede, and otherwise interfere with the said M. Koenig by driving her vehicle forward while the said defendant was lawfully detained; and by directing her minor child to leave her vehicle and run in an area near traffic; and by continuously refusing to obey orders regarding officer safety, while M. Koenig, a peace officer, was performing a duty or exercising authority imposed or granted by law, to wit: to preserve the peace within the officer’s jurisdiction.

Appellant was convicted and sentenced to thirty days in jail and a $1000 fine, but imposition of sentence was suspended, and she was placed on probation.

B. Court of Appeals

Appellant contended on appeal that the evidence was legally insufficient to support her conviction. The Court of Appeals agreed, reversing the conviction and rendering a judgment of acquittal.3 In support of its holding, the Court of Appeals first articulated a general rationale that applied to the offense as a whole and then articulated specific responses aimed at the State’s theories of liability. The appellate court’s position, generally speaking, was that lack of cooperation is already penalized under the Transportation Code:

Appellant’s prosecution rests on her lack of cooperation with Officer Koenig as he attempted to cite her for speeding. Although traffic law violations ordinarily result only in a written citation, a violator is subject to warrantless custodial arrest if she refuses to make a written promise to appear.
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Thus, under the transportation code, the consequence for a driver who refuses to accept citation is immediate custodial arrest for the traffic offense. We do not believe that a traffic law violator who directly or indirectly refuses citation may also be prosecuted under section 38.15 on the theory that the refusal disrupts, impedes, or otherwise interferes with the officer’s performance of his official duties. The transportation code authority to arrest for a traffic offense would be unnecessary if an officer could arrest a traffic offender for violating section 38.15 under these circumstances.4

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Barnes v. State
206 S.W.3d 601 (Court of Criminal Appeals of Texas, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
206 S.W.3d 601, 2006 Tex. Crim. App. LEXIS 831, 2006 WL 1083968, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barnes-v-state-texcrimapp-2006.