Woodward v. Commonwealth

984 S.W.2d 477, 1999 WL 39053
CourtKentucky Supreme Court
DecidedJanuary 21, 1999
Docket97-SC-741-MR
StatusPublished
Cited by10 cases

This text of 984 S.W.2d 477 (Woodward v. Commonwealth) is published on Counsel Stack Legal Research, covering Kentucky Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Woodward v. Commonwealth, 984 S.W.2d 477, 1999 WL 39053 (Ky. 1999).

Opinions

WINTERSHEIMER, Justice.

This appeal is from a judgment based on a jury verdict which convicted Woodward, the County Judge Executive in Hopkins County, of malfeasance in office and reprisal against a public employee. He was sentenced to a five hundred dollar fine on each count.

The questions presented are whether Woodward was denied the right to impeach witnesses; whether the trial court should have granted a directed verdict on the malfeasance in office charge; whether the jury instructions regarding malfeasance in office were proper; whether the trial court should have granted a directed verdict on the charge of reprisal against a public employee and whether the jury instruction on the offense of reprisal against a public employee was proper.

Holzhauser owned property on the Green River in Hopkins County which was evidenced by a deed executed on March 1,1994. Shortly after purchasing the land, Holzhau-ser went to Woodward’s office and asked him if the county road department would upgrade a road on his property. Holzhauser sought to improve the road so that people would have easier access to the boat ramp that was on his property. The improvements would also allow easier access to the bait shop he intended to build on his land.

Following that meeting, Woodward directed Champion, the Hopkins County road department supervisor, to figure out what work needed to be performed. Champion reported back to Woodward that the road and the ramp were not county roads. Despite this information and without further investigation Woodward ordered that the work be undertaken.

Ray, the assistant road foreman for the county road department, was responsible for maintaining the records of the road department. He believed that the work being performed was improper because the road was privately owned. Ray reported his concerns to the county attorney and to some members of the fiscal court.

After the project was completed, Woodward directed Champion to meet with his workers and order them to stop talking about the project or they would be fired. On September 5, 1994, Woodward sent Champion a letter directing him to remove Ray from [479]*479his supervisory position, to revoke his use of a road department truck and to bring the computer Ray used to keep road records to his office. After a Kentucky State Police investigation, Woodward was convicted of malfeasance in office and reprisal against a public employee. He has remained in office pending this appeal.

Woodward argues that the trial court erred by excluding evidence that a conviction would result in his removal from office. Thus, he maintains that he was denied the right to impeach witnesses by showing their motive for testifying against him. We disagree.

The statutory penalty for each of Woodward’s convictions was a fine of up to one thousand dollars. KRS 61.170(1). Woodward’s possible removal from office if convicted was not a matter for the jury to consider. Neither the prosecutor, defense counsel, nor the court should relate to the jury the future consequences of a particular verdict anytime during a criminal trial. See Payne v. Commonwealth, Ky., 623 S.W.2d 867, 870 (1981); See also Mitchell v. Commonwealth, Ky., 781 S.W.2d 610, 511 (1989); Commonwealth v. Steiber, Ky., 697 S.W.2d 135, 136 (1985). The trial court properly excluded references to future consequences of a conviction by the jury.

Woodward’s claim that Payne supra, Mitchell supra, and Steiber, supra, are distinguishable because those cases concern DUI convictions and the insanity defense is unpersuasive. Further, other than the restriction which prevented the jury from hearing about the future consequences of the conviction, Woodward was free to demonstrate witness bias to the jury. No error occurred.

Woodward asserts that the trial court erred by not granting him a directed verdict on the malfeasance in office charge. He claims that an essential element of malfeasance, either evil intent or gross negligence as to be the equivalent of fraud, was not proven.

On a motion for a directed verdict, the trial court must draw all fair and reasonable inferences from the evidence in favor of the Commonwealth. Commonwealth v. Benham, Ky., 816 S.W.2d 186 (1991). If the evidence is sufficient to induce a reasonable juror to believe beyond a reasonable doubt that the defendant is guilty, a directed verdict should not be given. Id, Here, there was sufficient evidence to support the conviction.

Bailey v. Commonwealth, Ky., 790 S.W.2d 233 (1990), enumerates the elements of the crime of malfeasance of a county officer. To be guilty of this crime a person must be (1) a county officer, (2) perform an official act, (3) the act must be wrongful, unjust or constitute gross negligence. Id. at 235.

There is no dispute that Woodward is a county judge executive and that his ordering the work to be performed was an official act. The only element at issue was whether the work ordered was wrongful, unjust, or constituted gross negligence. Holzhauser, the owner of the property in question, testified that the deed to the property was put into his name on March 1, 1994. He also acknowledged speaking directly with Woodward about having the road improved because he wanted better access to the bait shop he intended to build.

KRS 178.010(b) provides the only manner in which a road may become a county road. There was no evidence that the Hopkins County Fiscal Court ever accepted this road into the county road system pursuant to this statute. Chapter 171 of the Kentucky Constitution does not permit a county to improve the property of a private citizen. In addition, the Hopkins County Administrative Code, Section 630.5 states that “county road equipment or materials may not be used to work on private roads with or without compensation.” KRS 178.405 does allow for a private road to become a public road through public use if that use is continuous for fifteen years and so long as 55% of all property owners whose property abuts the road consent to the dedication of the road to public use. However, KRS 178.410 requires that the fiscal court determine if the conditions of KRS 178.405 have been fulfilled. Further, KRS 178.425 states that sections 178.405 to 178.425 do not apply to any roads which are [480]*480dead-end passways with less than four platted lots.

There was no evidence that the road in question has ever been accepted into the county road system.

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984 S.W.2d 477, 1999 WL 39053, Counsel Stack Legal Research, https://law.counselstack.com/opinion/woodward-v-commonwealth-ky-1999.