People v. Carrie

832 N.E.2d 863, 358 Ill. App. 3d 805, 295 Ill. Dec. 413, 2005 Ill. App. LEXIS 604
CourtAppellate Court of Illinois
DecidedJune 16, 2005
Docket5-03-0422 Rel
StatusPublished
Cited by3 cases

This text of 832 N.E.2d 863 (People v. Carrie) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Carrie, 832 N.E.2d 863, 358 Ill. App. 3d 805, 295 Ill. Dec. 413, 2005 Ill. App. LEXIS 604 (Ill. Ct. App. 2005).

Opinion

JUSTICE CHAPMAN

delivered the opinion of the court:

The defendant, Brian L. Carrie, was convicted of two counts of threatening a public official (720 ILCS 5/12 — 9(a) (West 2002)) for directing verbal threats to a municipal police officer and a county-dispatcher, incident to his arrest on domestic battery charges. He was sentenced to four years of imprisonment and one year of mandatory supervised release on each count, to run concurrently. He seeks the reversal of his convictions on the basis that police officers, dispatchers, and correctional officers are not “public officials” as that term is defined in section 12 — 9 of the Criminal Code of 1961 (the Code) (720 ILCS 5/12 — 9 (West 2002)). For the following reasons, we reverse Carrie’s convictions.

I. BACKGROUND

On April 24, 2002, Bridgeport police officer Danny Ash responded to a domestic disturbance at Carrie’s stepfather’s home, where Carrie resided. Carrie’s mother and stepfather claimed that Carrie had become intoxicated and belligerent and that he had hit himself about his head and had torn some hair out of the family dog. They also alleged that he had spat on his mother. Carrie had left the scene but turned himself in to the police shortly thereafter, upon learning of their investigation.

Officer Ash arrested Carrie for domestic battery related to the alleged spitting incident. Although he was initially compliant with the arresting officers, he became increasingly belligerent and vocal upon learning that of the participants in the altercation he was the only one under arrest. Carrie’s verbal attacks were lengthy and profane. For the purpose of this case, however, we discuss only the threats that formed the basis of the charges brought against him.

The first threat occurred during the ride to the county jail, while Carrie was secured with handcuffs in the backseat of the patrol car behind a security cage. Carrie said to Ash, “I will see you when you’re off duty and you’re out of uniform and I’ll deal with you then.” Carrie was placed in the drunk tank when he arrived at the county jail. At around 2:15 a.m. on April 25, 2002, Carrie summoned Lawrence County dispatcher JoAnn Boren to get his cigarettes. When she did not comply with his request, he threatened to follow Boren home to slit her throat.

On April 30, 2002, Carrie was charged by information with two counts of aggravated intimidation pursuant to section 12 — 6.2(a)(3) of the Code (720 ILCS 5/12 — 6.2(a)(3) (West 2002)), stemming from the threats he made to Ash and Boren. He was never charged for the alleged domestic battery. The aggravated intimidation statute provides, in part, that a person commits the offense of aggravated intimidation when he commits the offense of intimidation knowing that the victim is a peace officer or correctional employee and the offense is committed while the victim is engaged in his official duties or in retaliation therefor. 720 ILCS 5/12 — 6.2(a)(3) (West 2002). At Carrie’s final pretrial conference, however, the State entered a nolle prosequi on the aggravated intimidation counts and filed counts III and IV against Carrie for threatening a public official in violation of section 12 — 9 of the Code (720 ILCS 5/12 — 9 (West 2002)). Count IV describes Boren not as a dispatcher but as a Lawrence County correctional officer. She was presented as such at Carrie’s trial because she was attending to inmates in the absence of a correctional officer on duty. The record does not reflect why the State withdrew the aggravated intimidation charges.

A jury trial was held on June 24 and 25, 2002. When the State rested its case, Carrie’s counsel moved for a directed verdict on the basis that Ash and Boren were not public officials under the Code. The trial court denied Carrie’s motion, finding as a matter of law that a police officer and a correctional officer are public officials under the Code. The court reserved for the jury the question of whether Ash and Boren were public officials, and Carrie’s counsel preserved the claimed error by objecting to the relevant jury instructions. The jury returned two guilty verdicts, and Carrie’s written posttrial motions were subsequently denied.

Carrie advances four issues on appeal. First, he points to the definition of “public official” in the Code and contends that police officers, correctional officers, and police dispatchers are not public officials because they are not elected to an office or appointed to an office which is established by statute. Second, Carrie argues that the penalties for threatening public officials are unconstitutionally disproportionate when applied to peace officers and correctional employees. Third, Carrie alleges that several instances of prosecutorial misconduct deprived him of a fair trial. Fourth, he claims that his trial counsel was ineffective. We reverse Carrie’s convictions because we find as a matter of law that Bridgeport police officers and Lawrence County dispatchers and correctional officers are not “public officials” as defined by section 12 — 9(b)(1) of the Code (720 ILCS 5/12 — 9(b)(1) (West 2002)). Because the construction of a statute is a question of law, we apply a de novo standard of review. People v. Carter, 213 Ill. 2d 295, 301, 821 N.E.2d 233, 237 (2004).

II. ANALYSIS

In this appeal, we are asked to determine whether police officers, correctional officers, and police dispatchers are “public officials” as that term is defined in the statute creating the offense of threatening public officials (720 ILCS 5/12 — 9 (West 2002)). When construing a statute, a court is required to ascertain and give effect to the intent of the legislature. The best indication of the legislature’s intent is the language of the statute itself. People v. Carter, 213 Ill. 2d 295, 301, 821 N.E.2d 233, 237 (2004). In construing a statute, courts should consider the entire statute and keep in mind its subject and the legislature’s objective in enacting it. Moreover, we are required to strictly construe criminal or penal statutes in favor of the defendant, and “nothing should be taken by intendment or implication beyond the obvious or literal meaning of the statute.” People v. Davis, 199 Ill. 2d 130, 135, 766 N.E.2d 641, 644 (2002).

We turn now to the language of the statute to apply the foregoing principles. The statute provides, in part, that a person commits the offense of threatening a public official when he knowingly delivers to a public official a communication containing a threat sufficient to place the official in reasonable apprehension of immediate or future bodily harm and the threat was conveyed because of the performance or nonperformance of some public duty. 720 ILCS 5/12 — 9(a) (West 2002).

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Bluebook (online)
832 N.E.2d 863, 358 Ill. App. 3d 805, 295 Ill. Dec. 413, 2005 Ill. App. LEXIS 604, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-carrie-illappct-2005.