State v. Parsons

636 A.2d 1077, 270 N.J. Super. 213
CourtNew Jersey Superior Court Appellate Division
DecidedJanuary 31, 1994
StatusPublished
Cited by30 cases

This text of 636 A.2d 1077 (State v. Parsons) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Parsons, 636 A.2d 1077, 270 N.J. Super. 213 (N.J. Ct. App. 1994).

Opinion

270 N.J. Super. 213 (1994)
636 A.2d 1077

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
JESSIE J. PARSONS, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Argued December 14, 1993.
Decided January 31, 1994.

*217 Before Judges BRODY, STERN and KEEFE.

Mordecai Garelick, Assistant Deputy Public Defender, argued the cause for appellant (Zulima V. Farber, Public Defender, attorney; Mr. Garelick, of counsel and on the letter brief).

Gregory G. Waterston, Assistant Prosecutor, argued the cause for respondent (Ronald A. Epstein, Salem County Prosecutor, attorney; Mr. Waterston, on the brief).

The opinion of the court was delivered by BRODY., P.J.A.D.

Following a jury trial, defendant was convicted of third-degree aggravated assault by purposely, knowingly or recklessly causing injury to Patrolman William Madara while he was in uniform and acting in the performance of his law enforcement duties. The crime is a violation of N.J.S.A. 2C:12-1b(5)(a). The jury also found defendant guilty of two other crimes arising out of the same incident: fourth-degree purposely resisting arrest by the use of force against Patrolman Madara, a violation of N.J.S.A. 2C:29-2, and fourth-degree purposely resisting arrest by the use of force against Police Sergeant Robert Eller, Patrolman Madara's partner, also a violation of N.J.S.A. 2C:29-2. The trial judge merged the resisting arrest charges into the aggravated assault and imposed a four-year prison term. Defendant contends that the trial judge erroneously failed to answer responsively important questions posed by the jury during its deliberations respecting the elements of the crimes. We agree and reverse.

The testimony presented the jury with two versions of the manner in which the officers arrested defendant as a robbery *218 suspect.[1] One version was presented by the two arresting officers; the other by defendant.

The officers testified that they were in uniform in a marked patrol car a little after 10:00 p.m. when they received a radio dispatch to be on the lookout for someone who had fled on foot after robbing a gas station attendant. The suspect was described as a "Negro male clad in green shorts and a dark top heading southbound toward Church Street." They spotted defendant, who fit the description, running along Walnut Street not far from the gas station.

Sergeant Eller stopped the police car behind defendant and let Patrolman Madara out. The sergeant then drove ahead of defendant where he stopped the car and got out. This maneuver placed Sergeant Eller on foot in front of defendant and Patrolman Madara on foot behind him. Sergeant Eller testified that after he advised defendant that he was suspected of the robbery at the gas station, the following occurred:

Q. Did you tell him, this individual, that you were going to take him back to the gas station?
A. Yes, I did.
Q. And did you ask him, or tell him to get in the police car?
A. Yes, I did.
* * * * * * * *
Q. What happened when you told the individual to get into the police car?
A. I advised him that we were going to take him up to the Amoco Gas Station for identification purposes. I asked him to have a seat in the rear of the patrol car. And I grabbed his arm by his jacket to guide him into the patrol car.
Q. And what happened at that juncture?
A. He pulled away from me and tried to run.
* * * * * * * *
Q. Did this individual strike you in any manner?
A. Yes. I had a hold of his one arm. But with his other arm, when he tried to run he struck me with that arm, yeah.
Q. Where was Patrolman Madara during this time period?
*219 A. At this time Patrolman Madara was coming up behind the subject.
Q. And what happened when Patrolman Madara got up behind the subject?
A. He grabbed the subject from behind and the subject continued to struggle and they fell to the ground.
Q. Did you see whether or not, or could you see whether or not Mr. Parsons had struck Patrolman Madara in any manner?
A. Yes, he did, with his arm. Yes.
Q. What happened to Patrolman Madara after he was struck by Mr. Parsons?
A. The two then fell to the ground.

The sergeant acknowledged that he was not injured during the encounter with defendant.

Patrolman Madara's testimony was similar. He added the following:

Q. What did you observe happen next?
A. I observed the subject attempt to flee, attempt to run. Sergeant Eller grabbed toward the back of his coat to grab his coat and the subject struck Sergeant Eller, he struck him with his right hand. At that point I was already walking toward them. And I began to run toward them.
Q. What did you do when you got in their vicinity?
A. The only thing I could do at that point was try to take the subject into custody. I put him in what they call a bear hug from behind, from behind the subject.
Q. What happened when you put the subject in a bear hug?
A. He swung around with his left hand and struck me. And I still remained holding onto him. And we fell to the ground and I struck my elbow on the pavement.

The patrolman described his injury as a bruised right ulnar nerve that caused him to lose "feeling in my fingers, my ring finger and my small finger, for a day."

Defendant's version of the arrest was very different. He testified that he was walking on the sidewalk when a patrol car stopped ahead of him and Sergeant Eller got out. He continued:

Q. And what then happened?
A. He got out of the car, the driver's side, parked the car in the middle of the street, and he opened the back door. And as I was walking up toward, you know, the police car he made a motion where he was saying like to come toward him. So I asked the officer what seems to be the problem as I walked toward the police car. So I met Sergeant Eller at the back of the police car, when I got to the back of the police car.
Q. Was there another officer in the police car when you got to the back of the police car?
*220 A. I didn't see another officer, sir. As I got to the back of the police car Eller reached to his right side and sprayed some mace in my face.
Q. Had you done anything prior to him doing that?
A. No, sir.
Q. And what happened at that point?
A. At that point, when he sprayed mace in my face, I put my hands over my eyes like this. And it was all — mace was all up in my nose and my eyes. And he had grabbed me by my hand. By that time I felt another person grabbing me and push me to the ground. And I was on my face on the ground and they handcuffed me behind my back.
Q. Had he told you that you had done anything at that point?
A. No, sir.

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Cite This Page — Counsel Stack

Bluebook (online)
636 A.2d 1077, 270 N.J. Super. 213, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-parsons-njsuperctappdiv-1994.