State v. Duhan

460 A.2d 496, 38 Conn. Super. Ct. 665, 38 Conn. Supp. 665, 1982 Conn. Super. LEXIS 264
CourtConnecticut Superior Court
DecidedDecember 10, 1982
DocketFILE No. 1115
StatusPublished
Cited by14 cases

This text of 460 A.2d 496 (State v. Duhan) is published on Counsel Stack Legal Research, covering Connecticut Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Duhan, 460 A.2d 496, 38 Conn. Super. Ct. 665, 38 Conn. Supp. 665, 1982 Conn. Super. LEXIS 264 (Colo. Ct. App. 1982).

Opinion

Spada, J.

The defendant was convicted of disorderly conduct, of interfering with a police officer and of third degree criminal mischief in violation of General Statutes §§ 53a-182, 1 53a-167a 2 and 53a-117, 3 respectively. The charges stem from an incident in the New Milford police station on October 11,1980. The defendant has appealed her conviction on these counts, claiming insufficient evidence, improper exclusion of testimony and denial of requested jury instructions.

The jury could reasonably have found the following facts. On October 11, 1980, Officer James Engle (hereinafter Engle) of the New Milford police depart *667 ment responded to a complaint about a brawl occurring in a parking lot on Railroad Street in New Milford. Upon arriving at the scene, Engle observed a fight involving several people. While placing the combatants under arrest, the police asked the defendant, who was a spectator to the fracas, to assist in the investigation of the melee. She was willingly transported to the police station and then advised to wait in the secretary’s office. Others present at the station included Constable Katherine Halgowich, who was the police department secretary, several officers, the defendant’s mother and an additional witness, William Moore.

After waiting for approximately one hour the defendant became impatient and started cursing and yelling in the secretary’s office. The defendant at this juncture repeatedly demanded to be released. Halgowich summoned Engle who, upon failing to calm the defendant, charged her with disorderly conduct and placed her under arrest. With the secretary’s assistance, the defendant was placed in a locked detention room. She then seized a chair and hurled it through a glass window. Engle and a second officer attempted to subdue her. A scuffle ensued during which Engle struck the defendant in the face. Thereafter, she was additionally charged with interfering with an officer, with criminal mischief and with assault in the third degree. At the close of the state’s case, the defendant’s motion for judgment of acquittal was granted as to the assault charge.

The first claim of error asserted is that the court erred in denying the motion for judgment of acquittal as to the disorderly conduct charge. We find merit in this claim.

In its bill of particulars, the state charged the defendant with violating those subsections of General Statutes § 53a-182 which prohibit “violent, tumultuous or threatening behavior” and “unreasonable noise.” There was no evidence at trial that the defendant’s conduct *668 prior to her arrest was violent or threatening. Thus, in order to fall within § 53a-182 (a) (1), her behavior would have to come within the meaning of “tumultuous.” The state contends, and the trial judge charged, that “tumultuous” means “disorderly, noisy or boisterous.” The defendant, on the other hand, argues that “tumultuous” means more than noisy or boisterous. Most definitions associate the term with “riotous” and “turbulent.” See, e.g., American Heritage Dictionary (1979); Webster, Third New International Dictionary. Moreover, it is a well established rule of statutory construction that the meaning of a doubtful word may be ascertained by reference to the meaning of words associated with it in the same statute. 2A Sutherland, Statutory Construction (4th Ed. Sands) § 47.16. In § 53a-182 (a) (1), “tumultuous” is interposed between “violent” and “threatening” which precede the word behavior. Consequently, we conclude that yelling and cursing unaccompanied by violent behavior is not prohibited by that subsection of the statute.

The defendant further contends that her conduct did not violate § 53a-182 (a) (3) which prohibits “unreasonable noise.” The gravamen of this claim is that the conduct giving rise to the charges took place in the New Milford police station; hence, it was not “unreasonable.” In reviewing this claim, we are guided by our recent decision in State v. Nelson, 38 Conn. Sup. 349, 448 A.2d 214 (1982). In Nelson, we held that obscene language directed towards a police officer is not sufficiently vituperative to constitute a breach of the peace unless accompanied by threatening behavior or done in the presence of other persons likely to be incited to violence. The rationale behind this rule is that police officers, owing to their training and experience, should exercise a higher degree of restraint than ordinary citizens. Id., 354, citing Lewis v. New Orleans, 408 U.S. 913, 92 S. Ct. 2499, 33 L. Ed. 2d 321 (1972) *669 (Powell, J., concurring.). No evidence was adduced to establish that the defendant’s obscene language was accompanied by threatening behavior.

The state argues that the presence of the defendant’s mother and a second witness to the earlier fracas negates the application of the Nelson rule. That argument is unconvincing because the jury had no evidence by which it could reasonably infer that the defendant intended by her acts “to cause inconvenience, annoyance, or alarm” 4 to any persons as required by the statute. The evidence conversely suggested that the defendant was unaware of anyone’s presence, except for her mother, and that her mother was not an intended victim. Accordingly, we find that the evidence was insufficient to prove beyond a reasonable doubt that the defendant’s conduct constituted a violation of § 53a-182 (a) (1) or (3). The motion for judgment of acquittal should have been granted.

The second claim raised is that the court erred in its charge with regard to the definition of “tumultuous.” In view of our disposition of the first assignment of error, we need not address this claim.

The third claim raised is that the court erroneously prohibited the defendant from cross-examining Engle about prior disciplinary proceedings successfully brought against him by the New Milford police department. The defendant submitted an offer of proof that Engle had been temporarily suspended for insubordination after intervening on behalf of Constable Halgowich in an incident involving Halgowich and the police department. The gravamen of this claim is that such evidence was relevant to the issue of Engle’s motives for arresting the defendant and charging her with disorderly conduct and with interfering with an officer.

It is true that evidence of specific acts of misconduct by a witness may be used to impeach credibility where *670 they indicate a lack of veracity. State v. Zdanis, 173 Conn. 189, 195, 377 A.2d 275 (1977); Vogel v. Sylvester, 148 Conn. 666, 675-76, 174 A.2d 122 (1961).

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Bluebook (online)
460 A.2d 496, 38 Conn. Super. Ct. 665, 38 Conn. Supp. 665, 1982 Conn. Super. LEXIS 264, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-duhan-connsuperct-1982.