State of Tennessee v. Gary Hamilton

498 S.W.3d 7, 2016 Tenn. LEXIS 532
CourtTennessee Supreme Court
DecidedAugust 23, 2016
DocketE2014-01585-SC-R11-CD
StatusPublished
Cited by8 cases

This text of 498 S.W.3d 7 (State of Tennessee v. Gary Hamilton) is published on Counsel Stack Legal Research, covering Tennessee Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State of Tennessee v. Gary Hamilton, 498 S.W.3d 7, 2016 Tenn. LEXIS 532 (Tenn. 2016).

Opinion

*10 OPINION

CORNELIA A. CLARK, J.,

delivered the opinion of the Court, in which

SHARON G. LEE, C.J., and JEFFREY S. BIVINS, HOLLY KIRBY, and ROGER A. PAGE, JJ., joined.

This appeal is one of two similar appeals that were consolidated for oral argument because they involve related questions of law concerning Tennessee Code Annotated section 40-15-105 (2013) (“the pretrial diversion statute”), which allows a district attorney general to suspend prosecution of a qualified defendant for a period of up to two years. See State v. Stephens, 497 S.W.3d 408, No. M2014-01270-SC-R11-CD, 2016 ;WL 4446013 (Tenn.2016). We granted review in this case to emphasize once again the process the district attorney general, trial court, and appellate courts must follow when reviewing a prosecutor’s denial of pretrial diversion. The defendant was indicted for assault after he allegedly attacked a student at the school where he worked as a teacher’s assistant, and the prosecutor denied his application for pretrial diversion. After the trial court refused to overturn the prosecutor’s decision, the Court of Criminal Appeals granted the defendant’s interlocutory appeal and held that the trial court failed to review properly the district attorney general’s decision. Conducting its own review, the intermediate court concluded that the record lacked substantial evidence supporting the denial of pretrial diversion and remanded with instructions that the defendant be granted pretrial diversion. We granted review and conclude that the district attorney general considered all relevant factors. Although the trial court improperly ■ reviewed the district attorney general’s action, the trial court reached the correct result. Therefore, we vacate the Court of Criminal Appeals’ judgment and reinstate the trial court’s judgment affirming the denial of pretrial diversion.

I. Factual and Procedural Background

On November 19, 2013, a Knox County Grand Jury indicted Gary Hamilton (“the defendant”) for assault causing bodily injury, a Class A misdemeanor. 1 The alleged victim of the assault charge was M.C., 2 a sixteen-year-old student at Fulton High School in Knoxville, Tennessee. The defendant applied for pretrial diversion on February 28, 2014, and the district attorney general’s office deniéd his application on April- 8, 2014. The following facts are gleaned from the defendant’s application and the prosecutor’s letter of denial, which appended the affidavits of several witnesses to the altercation.

The defendant was employed as a teacher’s assistant at Fulton High School and was assigned to supervise the imsehool suspension classroom. On September. 16, 2013, M.C. was sent to in-school suspension but arrived without the assignment on which he should work while there; When his teacher did not respond to the defendant’s email asking about -the work, the defendant gave M.C. a hall pass and allowed M.C. to walk unaccompanied back to his classroom to retrieve his schoolwork. During M.C.’s absence, the principal called the defendant and reprimanded the defendant for allowing M.C. to leave the room unattended. M.C, returned twenty minutes later, ten minutes longer than al *11 lowed, and without his hall pass or his work. The defendant questioned M.C. about the missing hall pass, and the two “became engaged ... in a heated discussion,” according to the defendant. Due to M.C.’s attitude, the defendant instructed M.C. to go to the principal’s office and then followed M.C. into the hallway, tyhere the defendant and M.C. had a physical altercation. Other than the defendant and M.C., no one witnessed how the altercation began. David King, the band instructor, heard yelling and ran into the hallway, where he observed the defendant “with a student on the ground, one arm on [the student’s] head with the kid turned sideways in [a] fetal position.” At that point, Security Officer Dave Sanderson arrived, and Mr. King returned to his classroom to call additional security. Officer Sanderson saw the defendant restraining M.C. on the ground and separated the two. In his affidavit, Officer Sanderson explained that as he separated them, “the defendant punch[ed] [M.C.] in the face after [M.C.] had already been restrained.” 3 Sometime after Officer Sanderson arrived, Assistant Principal Brooke Hartman arrived and witnessed the defendant “screaming at [M.C., who was] lying on the floor curled up against [the] wall.” Assistant Principal Hartman instructed the defendant to move toward the bathrooms, and he complied. Later, the defendant walked out of the building with Assistant Principal Hartman, repeatedly saying that “he was in pain, did not have time for this, and he hit the student.”

Based on witnessing the defendant punch M.C., Officer Sanderson charged the defendant with assault. In his affidavit, Officer Sanderson recorded M.C.’s statement concerning the altercation in the hallway:

The defendant told [M.C.] to leave the classroom. The defendant then followed [M.C.] out into the hallway, ... [and] .the defendant then pushed [M.C.,] and [M.C.] then pushed back at the defendant.[T]he defendant then pushed [M.C.] back into a wall and then took him down to the ground. ... [T]he defendant hit [M.C.,] and ... [M.C.] punched the defendant with his right hand.

The defendant was escorted to the school’s main office following the altercation, and he wrote both a statement describing the incident and a letter of resignation. In his statement, the defendant wrote:

Today, during [in-school suspension], I sent [M.C.] to get work from his teacher. When he came back [ten] minutes late and I asked him where my hall pass was[,] he said he left it somewhere, I can’t remember. [M.C.] then started to smart talk me[,] and I asked him to leave and go to [the principal’s] office. He then walked out the door and started up with “I .can get smart and loud too.” I then walked out the door to talk to him[,]. and. we got loud[,] and he took a defensive posture towards me[,] and I pushed him away. When he.came back at me, I grabbed him and pushed him against the wall. He then hit me[,] and I hit him with my right hand.
I did tell him to get-out of [in-school suspension] with a loud voice [because] he did not move when I told him to.

In his letter of resignation, the defendant wrote:

I [the defendant], [hereby] give notice to terminate my position as [in-school suspension assistant] [t]eacher at Fulton High School. I am not fit to be a teacher here[,] and I know what I have done was *12 wrong. Please do not expel [M.C.]. I was wrong for getting upset and causing an altercation with the young man. It has been a- rough year for me physically[,] and I need to resign and find other employment. • I am sorry to have put such a bad light on myself and my family. I only hope that you and the young man’s parents can forgive me.

Thank you for this great opportunity.

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Bluebook (online)
498 S.W.3d 7, 2016 Tenn. LEXIS 532, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-of-tennessee-v-gary-hamilton-tenn-2016.