State v. Evan Reece (073284)

117 A.3d 1235, 222 N.J. 154, 2015 N.J. LEXIS 800
CourtSupreme Court of New Jersey
DecidedJuly 20, 2015
DocketA-79/80-13
StatusPublished
Cited by123 cases

This text of 117 A.3d 1235 (State v. Evan Reece (073284)) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Evan Reece (073284), 117 A.3d 1235, 222 N.J. 154, 2015 N.J. LEXIS 800 (N.J. 2015).

Opinion

Justice SOLOMON

delivered the opinion of the Court.

Officers responded to defendant’s home to investigate a dropped 9-1-1 call. When the officers announced their intention to enter *158 defendant’s home without a warrant, defendant attempted to block their entry and a struggle ensued. After being subdued, defendant was arrested and charged with two counts of simple assault, N.J.S.A. 2C:12-l(a)(l); one count of resisting arrest, N.J.S.A. 2C:29-2(a); and one count of obstruction, N.J.S.A. 2C:29-l(a).

Following trial, the municipal court judge found defendant guilty of one count each of simple assault, resisting arrest, and obstruction. Defendant appealed de novo to the Superior Court, Law Division. The Law Division found defendant guilty of resisting arrest and obstruction, but not guilty of simple assault. A divided Appellate Division panel affirmed defendant’s conviction for resisting arrest, and reversed defendant’s conviction for obstruction.

In this appeal, we are called upon to resolve two issues: first, whether the officers’ warrantless entry into defendant’s home was justified under the emergency-aid doctrine; and second, whether the elements of obstruction were established by the evidence presented. We conclude that the emergency-aid doctrine justified the officers’ warrantless entry into defendant’s home. Furthermore, because the credibility and factual findings of the municipal court and Law Division were supported by substantial evidence, we affirm defendant’s conviction for resisting arrest and reinstate defendant’s obstruction conviction.

I.

The State presented the following proofs at trial. At dusk on January 7, 2009, Pemberton Police Department Sergeant Peter Delagarza responded to a dropped 9-1-1 call originating from defendant’s home. 1 Upon arrival, Delagarza, who was in uniform, walked around the property and observed three vehicles in the driveway. Moments later, Delagarza knocked on the front door. *159 Defendant opened the door, and Delagarza asked if defendant made a 9-1-1 call. Defendant denied making any such call and, when asked, insisted that that he was alone in the home.

In an effort to show that no call had been made, defendant asked if he could retrieve his cordless home phone to show Delagarza. Delagarza assented, and defendant walked back into the residence, leaving the front door ajar. Delagarza peered into the home through the open door but saw nothing unusual or suspicious. Nevertheless, Delagarza radioed for backup.

When defendant returned with the phone, he displayed the phone’s screen to Delagarza and scrolled through the caller identification. Finding no 9-1-1 call in the phone’s memory, defendant handed the phone to Delagarza, who then radioed dispatch to confirm that the 9-1-1 call originated from defendant’s residence. Defendant stood next to Delagarza as the dispatcher repeated the originating number of the call, which defendant confirmed was his home phone number.

During this exchange, Delagarza noticed that defendant had a small abrasion on his right hand. At trial, Delagarza testified on direct examination that the abrasion was “somewhere around the knuckle area of the hand,” and similar to “an abrasion that you would receive from punching something.” After noticing the abrasion, Delagarza asked defendant whether he was married. According to Delagarza, defendant responded, “I don’t see what business it is of yours anyway, but I’m married.” Delagarza testified that after he asked this question defendant’s demeanor began to change, and “it seemed like he was starting to get frustrated with the fact that I was there and that I was starting to ask these questions.”

Delagarza then asked if he could enter the house and look around, but defendant refused consent. Delagarza called for assistance. Officers Hall and Gant, who had responded to Delagarza’s call for backup and were seated in marked cars parked in front of the house, joined Delagarza at the doorway. Delagarza told defendant that he and the officers needed to check the house, *160 at which point defendant slammed the door closed. While defendant attempted to lock the door, the officers pushed the door open. Delagarza announced that defendant was under arrest, and the officers entered defendant’s residence.

Delagarza testified that, when he moved to place the defendant under arrest, defendant “immediately started to physically resist” by pulling his hand away. At this point, Officers Hall and Gant also “grabbed” defendant and all four men “immediately ... fell to the ground on the floor.” During the struggle on the floor, Delagarza was pinned beneath defendant, causing Officers Hall and Gant to fear for Delagarza’s safety. Hall and Gant each reacted by striking defendant once in the face with a closed fist. After securing defendant, Delagarza and Gant checked the interi- or of the house and found nothing amiss.

Defendant disputes the State’s factual assertions in four significant respects. First, he said the officers did not announce their intention to arrest him. 2 Second, he claims he did not resist arrest by pulling his hands away from the officers. Rather, after the officers grabbed him he executed a “controlled fall” similar to a maneuver learned in parachute training 3 by simply “let[ting] [his] legs go” because he feared “get[ting] hurt otherwise,” and as a result of this controlled fall, he and the three officers tumbled to the floor. Third, defendant stated that Delagarza mischaracterized the abrasion on his hand. Finally, defendant asserted the officers did not limit themselves to one blow each, rather they struck defendant “in volleys of two to three, probably three to four total times.”

After the incident, defendant was charged with resisting arrest, N.J.S.A. 2C:29-2(a); obstructing the administration of law, *161 N.J.S.A. 2C:29-l(a); and simple assault upon Delagarza and Hall, N.J.S.A. 2C:12-l(a)(l). Trial occurred in Pemberton municipal court on four separate dates between June 14, 2010, and March 14, 2011. 4

At the conclusion of the trial, the municipal court judge made specific credibility findings. The judge found defendant “less than credible” because the judge “found [defendant] to be a bit too glib, to have too many ready explanations for obvious[ly] inappropriate behavior.” The judge supported that conclusion by noting several instances where defendant’s credibility was undermined by attempts to craft an explanation for his conduct.

For example, defendant asserted that when the incident first began, he questioned whether Delagarza was indeed a police officer, despite Delagarza’s conspicuous uniform and badge. Defendant testified that he suspected Delagarza was not an officer because defendant was alone in the home and had not placed the 9-1-1 call.

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Bluebook (online)
117 A.3d 1235, 222 N.J. 154, 2015 N.J. LEXIS 800, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-evan-reece-073284-nj-2015.