Angela M. Jewell v. State of Indiana (mem. dec.) ( 2017 )

MEMORANDUM DECISION
FILED
Pursuant to Ind. Appellate Rule 65(D), Mar 07 2017, 9:50 am
this Memorandum Decision shall not be CLERK
Indiana Supreme Court
regarded as precedent or cited before any Court of Appeals
and Tax Court
court except for the purpose of establishing
the defense of res judicata, collateral
estoppel, or the law of the case.
ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE
Bruce E. Andis Curtis T. Hill, Jr.
Bedford, Indiana Attorney General of Indiana
Lyubov Gore
Deputy Attorney General
Indianapolis, Indiana
IN THE
COURT OF APPEALS OF INDIANA
Angela M. Jewell, March 7, 2017
Appellant-Defendant, Court of Appeals Case No.
47A01-1610-CR-2330
v. Appeal from the Lawrence
Superior Court
State of Indiana, The Honorable Michael A.
Appellee-Plaintiff Robbins, Judge
Trial Court Cause No.
47D01-1605-CM-673
Altice, Judge.
Case Summary
Court of Appeals of Indiana | Memorandum Decision 47A01-1610-CR-2330 | March 7, 2017 Page 1 of 5
[1] Angela M. Jewell appeals her conviction for class B misdemeanor disorderly
conduct. She challenges the sufficiency of the evidence supporting her
conviction.
[2] We affirm.
Facts & Procedural History
[3] On the afternoon of May 29, 2016, Officer Anthony Wray with the Bedford
Police Department was on patrol when he observed Jewell, then age eighteen,
and her mother, Janice Funk, running across the street and waving at him. He
knew them from several prior interactions. He drove his police vehicle toward
them and rolled down his window. He could hear the women yelling at each
other, so he got out of his vehicle to investigate their apparent “domestic
argument.” Transcript at 9.
[4] The women continued yelling and tried to speak over each other to Officer
Wray. He informed them that he would listen to them one at a time starting
with Funk. While he tried to speak with Funk, Jewell continued yelling and
interrupting even though Officer Wray asked her stop multiple times. Officer
Wray opined that her volume was at an eight or nine on a scale of ten and that
she could probably be heard “for a couple of blocks.” Id. at 41. Jewell’s yelling
was loud enough that motorists were slowing down and stopping their vehicles
in the middle of the road to observe the altercation. In addition to motorists
blocking traffic, individuals in the area also stopped to watch.
Court of Appeals of Indiana | Memorandum Decision 47A01-1610-CR-2330 | March 7, 2017 Page 2 of 5
[5] Officer Wray testified that Jewell’s yelling hindered his investigation regarding
the dispute. He also opined that her loudness threatened the safety of motorists
driving nearby and was unreasonable for the circumstances. As a result, Officer
Wray continued to direct Jewell to calm down and be quiet until he could speak
with her. Every time he began to speak with Funk again, however, Jewell
would yell, scream, and interrupt. Officer Wray eventually ordered Jewell to sit
while he finished speaking with Funk. Jewell sat and was quiet for about
twenty seconds before she stood up, began to walk away, and yelled, as loud as
she could, “I’m fucking done with you.” Id. at 12. Officer Wray then placed
her under arrest for disorderly conduct. After being placed in Officer Wray’s
police vehicle, Jewell yelled, banged the cage inside the car with her head, and
kicked it. In sum, out of the ten-to-fifteen-minute encounter, Jewell was quiet
for only about twenty seconds.
[6] Following a bench trial on August 26, 2016, Jewell was convicted of class B
misdemeanor disorderly conduct. She was later sentenced to 180 days in jail,
with 150 of those days suspended to supervised probation. Jewell now appeals.
Discussion & Decision
[7] Jewell challenges the sufficiency of the evidence supporting her conviction.
Our standard of review in this regard is well settled. On review, we consider
only the probative evidence and reasonable inferences supporting the
conviction. Drane v. State, 867 N.E.2d 144, 146 (Ind. 2007). We do not assess
the credibility of witnesses or reweigh evidence, and we will affirm unless no
Court of Appeals of Indiana | Memorandum Decision 47A01-1610-CR-2330 | March 7, 2017 Page 3 of 5
reasonable fact-finder could find the elements of the crime proven beyond a
reasonable doubt. Id. It is not necessary that the evidence overcome every
reasonable hypothesis of innocence; rather, the evidence will be found sufficient
if an inference may reasonably be drawn from it to support the conviction. Id.
at 147.
[8] In order to obtain a conviction as charged, the State was required to prove that
Jewell knowingly made unreasonable noise and continued to do so after being
asked to stop. Ind. Code § 35-45-1-3(a)(2). The volume of noise is critical in
determining whether it was unreasonable within the meaning of the statute.
Johnson v. State, 719 N.E.2d 445, 448 (Ind. Ct. App. 1999). To support such a
conviction, a defendant must have produced decibels of sound that were too
loud for the circumstances. Id. Further, a loud noise may be found
unreasonable where it disrupts a police investigation. Id.[9] The facts establish that during Officer Wray’s ten-to-fifteen-minute
investigation, Jewell yelled, screamed, and interrupted during all but twenty
seconds of it. She continued her disruptive behavior despite multiple requests
from the officer for her to stop yelling and to calm down. She was so loud that
passing motorists stopped or slowed in the roadway to see what was going on.
Even after she calmed down for several seconds, Jewell again yelled “as loud as
she could” as she began to walk away. Transcript at 12. This occurred while
Officer Wray was still speaking with Funk.
Court of Appeals of Indiana | Memorandum Decision 47A01-1610-CR-2330 | March 7, 2017 Page 4 of 5
[10] The evidence amply supports Jewel’s conviction for disorderly conduct. See
Barnes v. State, 946 N.E.2d 572, 578 (Ind. 2011)(“Barnes’s yelling at the officers,
even after they warned him to calm down, was sufficient to sustain his
disorderly conduct conviction.”); Johnson, 719 N.E.2d at 448 (defendants “loud
manner of speaking”, even though he was not yelling, disrupted the police
investigation and constituted “unreasonable noise”). Further, it is of no
moment that Funk was walking away as she made her last outburst before
being arrested.
[11] Judgment affirmed.
[12] Riley, J. and Crone, J., concur.
Court of Appeals of Indiana | Memorandum Decision 47A01-1610-CR-2330 | March 7, 2017 Page 5 of 5