United States v. McIlwain

772 F.3d 688, 2014 WL 6657013
CourtCourt of Appeals for the Eleventh Circuit
DecidedNovember 25, 2014
DocketNo. 14-10735
StatusPublished
Cited by12 cases

This text of 772 F.3d 688 (United States v. McIlwain) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. McIlwain, 772 F.3d 688, 2014 WL 6657013 (11th Cir. 2014).

Opinion

HULL, Circuit Judge:

On November 7, 2012, and after an evidentiary hearing, the Probate Court of Choctaw County, Alabama, ordered Joseph Adam Mcllwain committed to the custody of the Alabama State Department of Mental Health. On April 25, 2013, a federal grand jury indicted Mcllwain for possession of a firearm by a prohibited person under 18 U.S.C. § 922(g). Section 922(g)(4) criminalizes the possession of a firearm by any person “who has been committed to a mental institution.” 18 U.S.C. § 922(g)(4).

This appeal concerns what constitutes a commitment to a mental institution under § 922(g)(4) and whether Mcllwain’s prior commitment by an Alabama probate court satisfies that element. After review and with the benefit of oral argument, we conclude Mcllwain’s prior commitment fell within § 922(g)(4) and affirm the district court’s denial of Mcllwain’s motion to dismiss the indictment.

I. BACKGROUND

A. The November 2012 Commitment

On November 1, 2012, Chief Paul Johnson of the Pennington, Alabama Police Department arrested Mcllwain on an outstanding felony warrant for possession of marijuana. In attempting to make the arrest, Johnson was initially unable to get Mcllwain to stop his vehicle. According to Johnson, each time he approached the vehicle, Mcllwain would state that he knew Johnson was there to shoot or kill Mcllwain.

Mcllwain stopped his vehicle at his parents’ home. There, Mcllwain continued to express fear that Johnson intended to harm him. Johnson reported that Mcllwain shouted, “Just go ahead and shoot me. I know what you’re here for. Just kill me.” When Johnson and another officer, who had arrived at the scene, noticed Mcllwain had a knife on his lap, Mcllwain reportedly stated: “It shouldn’t be a knife that you’re worried about. It should be guns. Y’ all are here to kill me. I’m going to kill y’all.”

Eventually, Mcllwain’s mother entered the vehicle and a brief struggle ensued [690]*690over a firearm in Mcllwairis possession. Johnson used his taser on Mcllwain, who was then taken into custody. Mcllwain was taken by ambulance to a hospital, but refused medication prescribed to him, protesting the quantity of the medication and again stating the fear that others were attempting to harm or kill him. On November 1, Mcllwain was then taken to the Choctaw County Jail. The record reveals no charges filed against Mcllwain related to this incident, other than the already outstanding marijuana possession charge.

On November 6, 2012, Choctaw County Sheriff Tom Abate filed a petition with the Probate Court of Choctaw County seeking commitment of Mcllwain to the custody of the Alabama Department of Mental Health.1 The petition stated that Choctaw County was Mcllwairis home county and that, at the time the petition was filed, Mcllwain was being held at the Choctaw County Jail.

As grounds for commitment, the petition alleged: (1) that “Mcllwain [was] mentally ill with a diagnosis of Altered Mental Status, Bi-Polar Disorder with extreme Paranoia tendencies, [and] Manic Depression”; (2) that Mcllwain posed a “real and present threat of substantial harm” to himself and others; (3) that Mcllwain, if not treated, would “continue to suffer mental distress and ... experience mental deterioration of his ability to function independently”; (4) that Mcllwain was “unable to make a rational or informed decision as to whether or not treatment was desirable or needed”; and (5) that the danger Mcllwain posed to others was evidenced by the fact that he was not “eating or sleeping properly,” had “exhibited episodes of violent and irrational behavior,” and had “a history of increased confusion, [] agitation, [and] verbal and physical threats to his parents and others.... ”

As to the relief sought by the petition, inyoluntary commitment, the Sheriff alleged: (1) that treatment was available for Mcllwairis illness; (2) that “confinement [was] necessary for his and the community’s safety and well-being”; and (3) that commitment was “the least restrictive alternative necessary and available for treatment of his illness.”

The order of commitment details the events of November 7, 2012. The probate court appointed an attorney, James Abston, to represent Mcllwain and serve as guardian ad litem during the proceedings. Abston received notice of the hearing scheduled for that day. “[D]eclar[ing] that an emergency existed,” Abston waived the preliminary hearing along with Mcllwairis presence in court and “advised the Court that he was ready to proceed with the Final Hearing.”

At that final hearing, the probate court heard testimony from three parties before hearing from Mcllwain himself. First, the court heard from Sheriff Tom Abate, who testified as to his own observation of Mcllwairis symptoms of mental illness during his confinement in the Choctaw County Jail. Abate testified that the jail administrator contacted him after Mcllwain made an attempt at suicide in his jail cell. Abate testified that Mcllwain was placed on suicide watch and, after Mcllwairis attempts at self-harm continued, he was placed in restraints so he could not harm himself. Abate stated that Mcllwain was a threat to himself and to others, and that his behavior in the Choctaw County Jail caused [691]*691Abate to file the petition for involuntary civil commitment.

Second, the court heard testimony from Chief Paul Johnson regarding the events of November 1, 2012. Johnson testified to Mcllwain’s disturbed mental state at the time of his arrest, as well as the danger to himself and others created by Mcllwain’s agitation and disturbance and his possession of firearms at the time. In addition, Johnson testified that Mcllwain’s mother reported that she had “fought [Mcllwain] over a gun four or five times in the past two weeks.”

Third, the court heard testimony from Deborah Wilson, an employee of West Alabama Mental Health acting as liaison, to the state probate court. Wilson testified to serving as the court liaison for two years and to twelve years of experience, as well as an unspecified educational background, in mental health care and treatment. Wilson was offered as an expert without objection. Wilson testified that she evaluated Mcllwain earlier in the day, in advance of the hearing. She testified to knowledge that Mcllwain had been diagnosed as suffering from mental illness. In addition, she testified that treatment was available, that commitment was the least restrictive alternative, and that her recommendation was that Mcllwain be committed for treatment. On cross-examination, Wilson was asked if Mcllwain would receive treatment on his own. Wilson indicated Mcllwain would not, citing the testimony of the other witnesses as well as Mcllwain’s previous failure to seek treatment and at least one instance where he scheduled an appointment at West Alabama Mental Health but had not followed through on that appointment.

Finally, the court heard testimony from Mcllwain, who had been present in the hearing for the testimony of all previous witnesses. Mcllwain contested certain factual characterizations of the witnesses, but concurred with Johnson’s testimony that Mcllwain feared that the police (and later, the doctors at the hospital) meant to do him harm. Mcllwain stated that, at the time of the hearing, he continued to hold those beliefs.

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Cite This Page — Counsel Stack

Bluebook (online)
772 F.3d 688, 2014 WL 6657013, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-mcilwain-ca11-2014.