Morris Eugene Grimes v. The State of Wyoming

2013 WY 84, 304 P.3d 972, 2013 WL 3467446, 2013 Wyo. LEXIS 89
CourtWyoming Supreme Court
DecidedJuly 11, 2013
DocketS-12-0229
StatusPublished
Cited by9 cases

This text of 2013 WY 84 (Morris Eugene Grimes v. The State of Wyoming) is published on Counsel Stack Legal Research, covering Wyoming Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Morris Eugene Grimes v. The State of Wyoming, 2013 WY 84, 304 P.3d 972, 2013 WL 3467446, 2013 Wyo. LEXIS 89 (Wyo. 2013).

Opinion

KITE, Chief Justice.

[11] Morris Eugene Grimes was convict, ed after a jury trial of felony interference with a peace officer. On appeal, he claims the evidence that the officer was injured by his actions was insufficient to support the conviction. - We conclude the evidence, viewed in accordance with our standard of review, supports the jury's decision. Consequently, we affirm.

ISSUE

[12] Mr. Grimes presents the following issue on appeal.

I. Whether there was sufficient evidence to support, beyond a reasonable doubt, a conviction for interference with a police officer in violation of Wyo. Stat. Ann. § 6-5-204(b)?

The State presents essentially the same issue.

FACTS

[T3] On February 26, 2012, Mr. Grimes and his mother were guests at the Smart Choice Inn in Gillette, Wyoming. The motel also acted as a bus stop and tickets could be purchased from the motel staff. Gillette police officers Owen Kimberling and Chad Trebby responded to a call from motel staff about a disturbance involving Mr. Grimes. He was arguing with his mother and a motel staff member over bus transportation.

[T4] The officers persuaded Mr. Grimes to go to his room, but he returned to the lobby a short time later and began shouting profanity. When he ignored the officers' commands to quiet down, they arrested him for breach of the peace and handcuffed his hands behind his back. Mr. Grimes kicked the front doors of the motel as the officers were escorting him to Officer Trebby's patrol vehicle, so they made him walk backward the rest of the way.

[15] Mr. Grimes refused to put his legs inside the vehicle and ignored the officers warning that he would be "tased" if he did not comply. Officer Kimberling energized his taser on Mr. Grimes' leg, and he put his legs into the vehicle. The officers closed the door and continued to talk outside. Mr. Grimes manipulated his handcuffed hands by moving them from behind his back to his front, broke the overhead light and began pushing on the door and window with his feet, so the officers decided to remove him from the vehicle.

[16] Officer Kimberling prepared the ta-ser, and Officer Trebby opened the door. Mr. Grimes immediately kicked Officer Kim-berling in the chest causing him to fall backward onto the asphalt pavement. As he was falling, Officer Kimberling tased Mr. Grimes. The officers were eventually able to restrain Mr. Grimes after employing the taser several more times. Although Officer Kimberling initially stated that he was not hurt, he developed back pain shortly after the incident and went to the emergency room.

[17] The State charged Mr. Grimes with felony interference with a peace officer. 1 At *975 trial, Mr. Grimes' primary defense was the officers were not lawfully performing their duties because they used excessive force. The jury returned a guilty verdict, and Mr. Grimes filed post-trial motions for a judgment of acquittal or new trial, which the district court denied. After he was sentenced, Mr. Grimes filed a timely appeal to this Court.

STANDARD OF REVIEW

[T8] In reviewing a claim that the trial evidence was insufficient to support a jury verdict,

we examine and accept as true the State's evidence and all reasonable inferences which can be drawn from it. We do not consider conflicting evidence presented by the defendant. We do not substitute our judgment for that of the jury; rather, we determine whether a jury could have reasonably concluded each of the elements of the crime was proven beyond a reasonable doubt. This standard applies whether the supporting evidence is direct or cireumstantial.
Anderson v. State, 2009 WY 119, ¶ 6, 216 P.3d 1143, 1145 (Wyo.2009), quoting Martin v. State, 2007 WY 2, ¶ 32, 149 P.3d 707, 715 (Wyo.2007).

Dawes v. State, 2010 WY 113, ¶ 17, 236 P.3d 303, 307 (Wyo.2010).

DISCUSSION

[§¥9] Felony interference with a peace officer is prohibited by Wyo. Stat. Aun. § 6-5-204(b) (LexisNexis 2011):

(b) A person who intentionally and knowingly causes or attempts to cause bodily injury to a peace officer engaged in the lawful performance of his official duties is guilty of a felony punishable by imprisonment for not more than ten (10) years.

Mr. Grimes claims the State failed to prove that he caused bodily injury to Officer Kim-berling. He asserts the causation evidence was insufficient because the officer initially said he was unhurt and, although he later complained of back pain and sought medical treatment, there was no medical evidence to explain why there was a delay in the onset of pain. According to Mr. Grimes, there could have been an intervening cause of Officer Kimberling's back pain, such as slipping on the icy pavement or struggling with Mr. Grimes on the ground.

[110] In Allen v. State, 2002 WY 48, ¶ 42, 43 P.3d 551, 565-66 (Wyo.2002), this Court stated that the state must prove the defendant's wrongful conduct was the proximate cause of the injury. Although Allen involved an aggravated vehicular homicide charge, the analysis is apt with regard to the interference with a peace officer charge. "To be the 'proximate cause, the ... injury must be the natural and probable consequence of the defendant's wrongful conduct; a 'substantial factor' in bringing about the injuries or death." Id., citing Bloomquist v. State, 914 P.2d 812, 820 (Wyo.1996), which quoted Glazier v. State, 843 P.2d 1200, 1204 (Wyo.1992) and McClellan v. Tottenhoff, 666 P.2d 408, 414 (Wyo.1983).

[T1Hl] As we stated earlier, our standard of review requires that we view the evidence in the light most favorable to the State and give it the benefit of all reasonable inferences. A permissible inference is defined as:

An inference is a process of reasoning by which a fact or proposition is deduced fairly and logically from other facts proven or admitted. An inference is truly evidence. The weight to which it is entitled depends upon the facts and cireumstances of each case * * *,

Seeley v. State, 959 P.2d 170, 176 (Wyo.1998), quoting Story v. State, 721 P.2d 1020, 1025 (Wyo.1986), cert. denied, 479 U.S. 962, 107 S.Ct. 459, 98 L.Ed.2d 405 (1986). In applying this definition, "[tlhere must be some connection between the proven fact and the inference drawn from it." Mora v. State, 984 P.2d 477, 481 (Wyo.1999). Thus, a jury's inferences cannot be based upon mere speculation or conjecture. Anderson v. State, 2009 WY 119, ¶ 14, 216 P.3d 1143, 1147 (Wyo.2009). In addition, we defer to the jury's determinations on the credibility of the witnesses and the weight of the evidence. Id., 4 13, 216 P.3d at 1146-47.

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Bluebook (online)
2013 WY 84, 304 P.3d 972, 2013 WL 3467446, 2013 Wyo. LEXIS 89, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morris-eugene-grimes-v-the-state-of-wyoming-wyo-2013.