Hall v. State

644 So. 2d 1223, 1994 Miss. LEXIS 513, 1994 WL 590823
CourtMississippi Supreme Court
DecidedOctober 27, 1994
DocketNo. 91-KA-01018
StatusPublished
Cited by6 cases

This text of 644 So. 2d 1223 (Hall v. State) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hall v. State, 644 So. 2d 1223, 1994 Miss. LEXIS 513, 1994 WL 590823 (Mich. 1994).

Opinion

SMITH, Justice,

for the Court:

J.D. Hall was indicted for the offense of aggravated assault on a police officer but, at the conclusion of the State’s case in chief, the trial judge refused to allow the charge of aggravated assault on a police officer to be considered by the jury. Instead, the charge was reduced to ordinary aggravated assault. The State did not cross appeal the judgment on the reduction of the charge. At the conclusion of the presentation of all evidence, neither the State nor Hall requested a lesser included offense instruction of simple assault on a police officer. Accordingly, this Court need not consider these issues not before us. The trial court allowed Hall an instruction on self defense and Hall was allowed to argue that defense to the jury. The jury was not persuaded by Hall’s argument. Hall was convicted of aggravated assault and sentenced to serve one (1) year in the county jail, with six (6) months suspended. Feeling aggrieved, Hall appeals to this Court citing two assignments of error which warrant discussion:

A. THE STATE FAILED TO OFFER ANY PROOF OF CIRCUMSTANCES MANIFESTING AN EXTREME INDIFFERENCE TO HUMAN LIFE.
B. THE EVIDENCE PRESENTED AS A MATTER OF LAW WARRANTED A DIRECTED VERDICT IN FAVOR OF HALL ON THE BASIS OF SELF DEFENSE.

After careful consideration of the issues we find no reversible error exists and therefore affirm the conviction and sentence of Hall.

THE FACTS

This incident stems from an attempt by narcotics agent Ed Word, accompanied by a police dog and five uniformed officers including another drug agent, two deputy sheriffs, a constable, and Sheriff Troy Steed of Attala County, to serve a search warrant for controlled substances at the Wild Horse Club in Attala County.

Agent Ed Word of the North Central Narcotics Task Force testified that on December 14, 1990, he arrived at the Wild Horse Club to serve the warrant, which had been properly executed by a judge. Word was dressed in jeans, a black t-shirt with the agency’s emblem across the back and had a gold badge and gun attached to his belt. The county officers assisting were dressed in their police uniforms.

Upon arrival, the customers were asked to stand against the wall and the search was conducted. Word estimated the search took 26-30 minutes. As a result, marijuana was found in a purse belonging to the bartender. The club’s owner, Alberta Teague, was at [1225]*1225home at the time of the search. Both Teag-ue and the bartender were arrested. The sheriff then ordered the club “shut down” and the officers and agents removed everyone except J.D. Hall, the defendant.

Word had met Hall “several times” before in connection with other police duties, and once at Hall’s residence. Hall was the last person remaining in the Wild Horse Club and Word asked him to leave. Word stated: “[JJust as soon as we asked, J.D. was taking his time. He was in no hurry to get out of the place. And I had to ask him, I believe, the second time to leave.” According to Word, on being asked to leave Hall stated, “It took you white mother f-s long enough to search this place and I’m going to take my mother f — ing time about leaving.” Word testified he told Hall, “no, he was fixing to leave now, and I reached and caught him by the arm and put my hand on his shoulder and started to the door with him.”

Word demonstrated in court and stated he “grabbed” Hall above the left wrist and put his hand on Hall’s shoulder. Hall then grabbed him from the front, placing his arms around Word’s back. Word stated he was six feet, four inches tall and weighed two hundred sixty (260) pounds. He estimated Hall was five feet, nine inches tall and weighed two hundred forty (240) pounds. Word continued: ‘Well, he had me picked up, and he went in a forward motion and slammed me into a pool table, picked me clear off the floor.” Word stated his left leg struck the pool table and he felt severe pain in his left knee. He felt a snap, held the side of the pool table and tried to stand back up. Hall grabbed at him again, so Word tried to knee Hall in the groin using the injured leg. He was not able to do so because he then realized his leg “had really been messed up.” Hall grabbed him a second time and put him back on the floor.

Word’s left leg was then bent in a forty-five degree angle from the knee. Hall stood grinning at him and Word recalled Hall had called him a son-of-a-bitch either after the first or second time he fell. Hall was then arrested for assault of a law enforcement officer. Word was taken to an Attala County Hospital, x-rayed, and transported to Jackson by ambulanee. He underwent surgery the next morning and had a plastic plate inserted on top of his kneecap with plastic bolts and pins. Word was on crutches for three (3) months and at the time of the trial had returned to limited duty.

Word testified at the time of the altercation with Hall, he was performing his duty in connection with the execution of the search warrant. He stated he was escorting Hall out because the sheriff had ordered the club closed and it needed to be secured. Word stated the sheriff was on the “control board” and was one of Word’s bosses.

Upon cross-examination, Word admitted the search warrant was for cocaine and related paraphernalia. He stated that approximately one ounce of marijuana was found at the club. All the customers of the club were lined up against a wall and ordered to take their shoes off and empty their pockets. Word testified the officers had a “right” to close the club because the owner had been arrested, so the club needed to be locked and secured. He did not recall taking any permits for a pool table and vending machine belonging to Hall off the wall of the club. Word admitted Hall told him he would leave, but “he would take his ... time.” Word denied that he first pushed Hall’s head into the wall, but admitted he initiated the first physical contact by trying to escort Hall out of the club. Word denied that both he and another agent verbally abused Hall during the entire search.

Word explained he did not write a report on the December incident until January due to being hospitalized in intensive care. Word explained the customers in the club were asked to remove their shoes and were searched for their own safety; it was not uncommon to find weapons kept in shoes. He estimated there were twelve people in the club on December 14.

Word’s initial treating physician stated Word sustained a severe leg fracture. He stated he would seriously doubt that Word could have kicked or kneed someone immediately after sustaining the injury. He stated Word was unable to walk on the leg upon arrival at the hospital.

[1226]*1226Agent Barbara Jane Gant testified that she, Word, Hall and other officers were the only persons inside the club at the time of the incident. She stated she could not reach Word to assist after Hall threw him down the first time. Her description of the event went:

“I was between the pool table ... and Mr. Hall was against the wall, and Agent Word asked Mr. Hall to leave, and Mr. Hall did not want to leave. As a matter of fact he told us, you know, he would take his time leaving, and Agent Word put his hand on Mr. Hall’s shoulder and his arm, and he told him it was time for him to leave, and Mr. Hall then grabbed Agent Word, and he picked him up and threw him against the pool table, and Ed [Word] went down....”

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Bluebook (online)
644 So. 2d 1223, 1994 Miss. LEXIS 513, 1994 WL 590823, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hall-v-state-miss-1994.