State v. Bailey

785 S.E.2d 622, 416 S.C. 344, 2016 WL 1358041, 2016 S.C. App. LEXIS 43
Court of Appeals of South Carolina·Decided April 6, 2016·No. Appellate Case No. 2014-001938; No. 5399·Published

Opinion

WILLIAMS, J.

Anthony Bailey appeals his conviction for threatening the life of a public official, arguing the circuit court erred in finding a mental health professional employed by the South Carolina Department of Mental Health (the Department) was a public official, rather than a public employee, under section 16-3-1040 of the South Carolina Code (2015). We reverse.

FACTS/PROCEDURAL HISTORY

This appeal arises out of an incident that occurred on August 28, 2013, at the Al Cannon Detention Center located in Charleston County, South Carolina. Bailey, who suffers from bipolar disorder, was being held in the Charleston County jail for municipal level offenses. The victim in this case, Amy Cradock, was asked to assess Bailey based upon alleged threats he made as well as his actions toward detention officers that day. Cradock is employed by the Charleston/Dorchester Mental Health Center, a subsidiary of the Department, and serves as a designated mental health examiner for the jail.

When Cradock received the referral, she learned that Bailey had threatened to kill a detention officer upon release. Thus, Cradock visited Bailey to assess whether he needed to be hospitalized for homicidal ideations. According to Cradock, Bailey became very agitated when she arrived at his cell. Cradock testified that Bailey “started making some very negative statements about the mental health center, and stated that he intended to go shoot up the health center and kill everyone in the mobil [sic] crisis.” Bailey further told Cradock “if [she] didn’t get away from his door fast enough, [she] would be added to the list.” As Cradock was walking away, Bailey said, “I’m adding you to the list anyway; I’m going to kill you too.”

A Charleston County grand jury indicted Bailey for threatening the life of a public official on February 3, 2014. Following a bench trial on September 4, 2014, the circuit court found Bailey guilty and sentenced him to five years’ imprisonment, suspended upon the service of eighteen months, with five years’ probation. This appeal followed.

[347] STANDARD OF REVIEW

“In criminal cases, the appellate court sits to review errors of law only.” State v. Jenkins, 412 S.C. 643, 650, 773 S.E.2d 906, 909 (2015). “Thus, an appellate court is bound by the circuit court’s factual findings unless they are clearly erroneous.” State v. Blakney, 410 S.C. 244, 249, 763 S.E.2d 622, 625 (Ct.App.2014). The interpretation of a statute, however, is a question of law subject to de novo review. State v. Whitner, 399 S.C. 547, 552, 732 S.E.2d 861, 863 (2012). The appellate court is free to decide questions of law with no particular deference to the circuit court. Lambries v. Saluda Cty. Council, 409 S.C. 1, 7-8, 760 S.E.2d 785, 788 (2014) (quoting Sloan v. S.C. Bd. of Physical Therapy Exam’rs, 370 S.C. 452, 466, 636 S.E.2d 598, 605 (2006)).

LAW/ANALYSIS

Bailey argues the circuit court erred in finding Cradock was a public official, rather than a public employee, within the meaning of section 16-3-1040. We agree.

“The cardinal rule of statutory construction is to ascertain and effectuate the intent of the [General Assembly].” Charleston Cty. Sch. Dist. v. State Budget & Control Bd., 313 S.C. 1, 5, 437 S.E.2d 6, 8 (1993). “The determination of legislative intent is a matter of law.” Lambries, 409 S.C. at 10, 760 S.E.2d at 789 (quoting Media Gen. Commc’ns, Inc. v. S.C. Dep’t of Revenue, 388 S.C. 138, 148, 694 S.E.2d 525, 529 (2010)).

“What a legislature says in the text of a statute is considered the best evidence of the legislative intent or will. Therefore, the courts are bound to give effect to the expressed intent of the legislature.” Hodges v. Rainey, 341 S.C. 79, 85, 533 S.E.2d 578, 581 (2000) (quoting Norman J. Singer, Sutherland Statutory Construction § 46.03 at 94 (5th ed.1992)). “Where the statute’s language is plain and unambiguous, and conveys a clear and definite meaning, the rules of statutory interpretation are not needed and the court has no right to impose another meaning.” Id. “If a statute’s ‘terms are clear and unambiguous, [then] they must be taken and understood in their plain, ordinary[,] and popular sense, unless it fairly appears from the context that the [General Assembly] intended to use such terms in a technical or peculiar sense.’ ” [348] Media Gen. Commc’ns, 388 S.C. at 148, 694 S.E.2d at 530 (quoting Etiwan Fertilizer Co. v. S.C. Tax Comm’n, 217 S.C. 354, 360, 60 S.E.2d 682, 684 (1950)).

“A statute as a whole must receive practical, reasonable, and fair interpretation consonant with the purpose, design, and policy of lawmakers.” Lambries, 409 S.C. at 10, 760 S.E.2d at 789-90 (quoting Sparks v. Palmetto Hardwood, Inc., 406 S.C. 124, 128, 750 S.E.2d 61, 63 (2013)). “In interpreting a statute, the language of the statute must be read in a sense that harmonizes with its subject matter and accords with its general purpose.” Id. at 10, 760 S.E.2d at 790 (quoting Sparks, 406 S.C. at 128, 750 S.E.2d at 63).

Section 16-3-1040, in pertinent part, provides the following:

(A) It is unlawful for a person knowingly and willingly to deliver or convey to a public official ... any letter or paper, writing, print, missive, document, or electronic communication or verbal or electronic communication which contains a threat to take the life of or to inflict bodily harm upon the public official ... or members of his immediate family if the threat is directly related to the public official’s ... professional responsibilities.
(B) It is unlawful for a person knowingly and willingly to deliver or convey to a public employee a letter or paper, writing, print, missive, document, or electronic communication or verbal or electronic communication which contains a threat to take the life of or to inflict bodily harm upon the public employee or members of his immediate family if the threat is directly related to the public employee’s professional responsibilities.

The statute defines a public official as “an elected or appointed official of the United States or of this State or of a county, municipality, or other political subdivision of this State.” § 16-3-1040(E)(l). A public employee, on the other hand, is defined as “a person employed by the State, a county, a municipality, a school district, or a political subdivision of this State.” § 16-3-1040(E)(2).

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State v. Bailey, 785 S.E.2d 622, 416 S.C. 344, 2016 WL 1358041, 2016 S.C. App. LEXIS 43 (S.C. Ct. App. 2016).

785 S.E.2d 622 (State v. Bailey) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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Hodges v. Rainey
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636 S.E.2d 598 (Supreme Court of South Carolina, 2006)
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State v. Bridgers
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Sparks v. Palmetto Hardwood, Inc.
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