State v. Freeman

411 So. 2d 1068
Supreme Court of Louisiana·Decided March 1, 1982·No. 81-K[A]-0944·Published·Cited by 48 cases

Opinion

411 So.2d 1068 (1982)

STATE of Louisiana
v.
Harlon FREEMAN and Tim Lee.

No. 81-K[A]-0944.

Supreme Court of Louisiana.

March 1, 1982.

*1069 Ike F. Hawkins, Jr., Shreveport, Claude R. Sledge, Mansfield, for defendants-relators.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., James L. Davis, Dist. Atty., Abbott J. Reeves, Herman Lawson, Asst. Dist. Attys., for plaintiff-respondent.

BLANCHE, Justice.[*]

After a bench trial, defendants, Harlan R. Freeman and Tim R. Lee, were each convicted on three counts of hunting deer at night and three counts of hunting or taking deer in closed season, both violations *1070 of R.S. 56:123(E)(2). The trial judge also found defendants guilty of hunting from a moving vehicle and hunting from a public road, violations of R.S. 56:124(1), as well as resisting an officer, a violation of R.S. 14:108. Since the aggregate sentences imposed exceeded six months imprisonment and were greater than $500 in fines, defendants appeal their convictions to this Court, raising three assignments of error. Because we find that two of these assignments have merit, defendants' convictions are affirmed in part and reversed in part.

Late one September evening, Allen Reynolds briefly observed what appeared to be a moving light in a field located a short distance from his residence. Several minutes after the light had ceased shining, Reynolds heard two gunshots originating from the same area as the light. Reynolds told his wife to report the occurrence to the Sheriff's Office while he drove in the direction of the gunshots to discover their source. His investigation uncovered a parked, black Ford truck with an extra set of lights positioned on top of the truck's cab. However, neither of these "spotlights" nor any of the truck's other lights were lit when Reynolds discovered the truck. This witness testified that, as he approached the black vehicle which was standing in the middle of a paved road, it took off "real fast". Even so, Reynolds was able to obtain the truck's license number and was able to observe two occupants, as well as some type of rifle, in the cab. Reynolds then returned to his house and relayed this information to the Sheriff's Office, which had already contacted Wildlife & Fisheries agents about the earlier gunshots heard by Reynolds.

When a black Ford truck later drove past Reynolds' residence at a high rate of speed, he immediately pursued it to solidify his belief that it was the same vehicle he had observed earlier that evening. The two vehicles were approached by a Wildlife & Fisheries agent, who was travelling in the opposite direction and had been given the suspect truck's description and license plate number by the Sheriff's Office. The agent made a U-turn with his marked vehicle and proceeded to follow the black truck while Reynolds abandoned his pursuit and returned home. At this point, the black Ford attempted to evade the agent by accelerating to an extremely high rate of speed. The agent unsuccessfully attempted to overtake the truck. While pursuing the fleeing vehicle, the Wildlife & Fisheries agent gave notice of his presence by turning on his red flashing light but, apparently, never sounded his siren.

Though the black truck successfully escaped this agent, it was eventually stopped by other agents as defendant attempted to pull into his driveway. The agents arrested the two defendants and a juvenile, and a search of the black Ford truck produced only a handgun. The next day, Wildlife & Fisheries agents returned to the area where Reynolds first observed the black Ford. A search of the landscape produced three recently shot deer and two "270" spent rifle shells. The gun which was used to kill the deer was never recovered.

Defendants were each charged with one count of hunting deer at night and hunting or taking deer out of season for each of the three deer found by the agents. The other charges against defendants arose out of their use of a moving vehicle for hunting purposes and their flight from Wildlife & Fisheries agents.

Assignment of Error Number 1

At the close of the state's case, defendants moved for a directed verdict of acquittal under the bills of information charging them with resisting arrest, a violation of R.S. 14:108. This statute provides in pertinent part that:

Resisting an officer is the intentional opposition or resistance to, or obstruction of, an individual acting in his official capacity and authorized by law to make a lawful arrest or seizure of property, or to serve any lawful process or court order, when the offender knows or has reason to know that the person arresting, seizing property, or serving process is acting in his official capacity.
*1071 The phrase `obstruction of' as used herein shall, in addition to its common meaning, signification and connotation mean:
(a) Flight by one sought to be arrested before the arresting officer can restrain him and after notice is given that he is under arrest.

By this assignment of error, defendants maintain that they were not notified that they were going to be arrested while being chased by the game warden. Upon reaching their destination, defendants admittedly offered no opposition, resistance or obstruction to the two other Wildlife & Fisheries units awaiting their arrival. Defendants urge that they were attempting to evade the witness who had heard the shots and had seen their truck parked on the road, and were not even aware that any report had been made to anyone acting in an official capacity.

Essential to a conviction under R.S. 14:108 is the defendant's knowledge of his arrest or impending detention. State v. Nix, 406 So.2d 1355 (1981).

As a result, defendants urge that an essential element of the crime was not established by the state and the trial judge erred in his refusal to grant their motion for a directed verdict of acquittal.

Agent Dalton Green was the first Wildlife & Fisheries agent to pursue the black Ford truck. Green stated that he initially approached defendant's pickup, which was being followed by Mr. Reynolds, from the opposite direction in which defendants were travelling. Both defendants' truck and Reynolds' vehicle were travelling at a slow rate of speed. Green testified that he slowed almost to a stop when he met them. He then slammed the brakes on, put his vehicle in reverse and "wheeled around right quick between the two vehicles." The agent recognized the truck from the license number and description that had been given to him. He was driving his game warden truck with the Wildlife sticker on the side and a red enforcement sign on it.

After Green turned in between the truck and the car following it, the truck took off at a high rate of speed. Green chased it but was unable to catch it, though he drove to 100 miles per hour at one point. Further, the agent testified that during the chase, defendants' truck cut across his path on two separate occasions.

It is our opinion that Agent Green's actions, coupled with defendants' reactions to his presence, clearly established defendants' knowledge that the agent was pursuing them in his official capacity, and intended to arrest them. See State v. Huguet, 369 So.2d 1331 (La.1979). In the instant case, Agent Green appropriately conveyed his intention to arrest defendants by turning to pursue them in his game warden truck with its red lights flashing. Defendants' flight, after Green appeared on the s

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State v. Freeman, 411 So. 2d 1068 (La. 1982).

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