State of Iowa v. Gregory Daniel Hudson ( 2016 )


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  •                      IN THE COURT OF APPEALS OF IOWA
    No. 15-1367
    Filed December 21, 2016
    STATE OF IOWA,
    Plaintiff-Appellee,
    vs.
    GREGORY DANIEL HUDSON,
    Defendant-Appellant.
    ________________________________________________________________
    Appeal from the Iowa District Court for Polk County, Richard G. Blane II,
    Judge.
    A defendant appeals his conviction. AFFIRMED.
    Mark C. Smith, State Appellate Defender, and Vidhya K. Reddy, Assistant
    Appellate Defender, for appellant.
    Thomas J. Miller, Attorney General, and Tyler J. Buller, Assistant Attorney
    General, for appellee.
    David C. Solheim, Hancock County Attorney, for amicus curiae Iowa
    County Attorneys Association.
    Heard by Vogel, P.J., and Tabor and Mullins, JJ.; Blane, S.J. takes no
    part.
    2
    VOGEL, Presiding Judge.
    Gregory Hudson appeals his convictions for one count of willful injury
    causing serious injury, in violation of Iowa Code section 708.4(1) (2015)1; three
    counts of assault, in violation of Iowa Code sections 708.1 and 708.2(6); and
    interference with official acts, in violation of Iowa Code section 719.1(1)(b).
    Hudson asserts there was insufficient evidence of his intent as to count I—willful
    injury causing serious injury—and the district court erred in failing to instruct the
    jury on self-defense. We conclude there was sufficient evidence for the jury to
    convict Hudson and he was not entitled to a self-defense instruction. Therefore,
    we affirm.
    I.     Background Facts and Proceedings
    On the night of April 30, 2014, Hudson and his fiancé were at Prairie
    Meadows Racetrack and Casino. At some point, the two engaged in a heated
    discussion that drew the attention of Prairie Meadows security guards. On that
    night, a Polk County Sheriff’s Deputy was working off-duty security at Prairie
    Meadows. The deputy noticed the discussion and walked over to see what was
    going on. After a brief discussion, the situation was resolved. The deputy told
    Hudson that he could finish the two alcoholic beverages he had but, after those,
    he was cut off from purchasing further alcoholic beverages. According to the
    deputy, Hudson was receptive to his intervention and did not indicate any
    animosity toward the deputy.
    1
    Based on a numbering change between the 2013 and 2015 Iowa Code, it appears the
    district court incorrectly used the 2015 Iowa Code rather than the 2013 Iowa Code. The
    change only affected numbering and had no substantive impact.
    3
    A short time later, Hudson and his fiancé left the casino. The deputy and
    Prairie Meadows security were still monitoring the couple and noticed Hudson
    had taken the car keys from his fiancé as the couple traversed the parking lot.
    Concerned Hudson may have been driving out of the lot while impaired by
    alcohol, security stopped Hudson’s car. However, Hudson’s fiancé was behind
    the steering wheel. Hudson became upset, exited the vehicle, and began yelling
    and pounding on the hood of the car. Hudson then began walking away while
    still yelling, and several security guards followed him.
    As this was occurring, the deputy left the casino and headed to the scene.
    When the deputy arrived, he observed Hudson making furtive movements with
    clutched fists, yelling, swearing, and flailing his arms. The deputy positioned
    himself between Hudson and the security guards and told Hudson to back away,
    turn around, and lean against a car that was behind him; Hudson refused. With
    Hudson assuming an aggressive position, the deputy pushed Hudson back.
    Then the deputy pointed his taser at Hudson and again told him to back away.
    Hudson refused, pulled up his shirt and said, “If you're going tase me, you might
    as well do it.” According to the deputy, Hudson added, “F**k you. I’ve been
    tasered before.” The deputy tased Hudson with 50,000 volts. Unfazed by the
    jolt, Hudson moved forward and struck the deputy in the head.        The deputy
    moved to tase Hudson again, and Hudson punched him again in the head. The
    deputy fell to the ground. As a result of the punches, the deputy was knocked
    out and suffered a broken jaw, internal bleeding, and bruising of his kidneys and
    spleen.
    4
    Hudson then began running across the parking lot, while being pursued
    from a distance by security guards. Hudson reached the street outside Prairie
    Meadows, where he was met by several law enforcement officers. Hudson then
    went to the ground on his own. When the officers tried to place handcuffs on
    Hudson, he squirmed and hid his hands. Several officers attempted to restrain
    Hudson, but he continued to fight back, including kicking three officers—one in
    the head—and hyperextending the thumb of a security guard and the hand of an
    officer. Eventually, the officers tased Hudson again and were able to restrain him
    and place him under arrest.
    On July 21, 2014, the State charged Hudson with seven counts stemming
    from the incident.   During the trial, Hudson requested a justification defense
    based on self-defense; the district court found a justification instruction was not
    warranted and refused to give the requested instruction. On May 22, 2015, the
    jury convicted Hudson of one count of willful injury causing serious injury, three
    counts of simple assault, and one count of interference with official acts. Hudson
    appeals.
    II.    Standard of Review
    “Sufficiency of evidence claims are reviewed for a correction of errors at
    law.” State v. Sanford, 
    814 N.W.2d 611
    , 615 (Iowa 2012). We also review
    issues regarding jury instructions for corrections of errors at law.      State v.
    Anderson, 
    636 N.W.2d 26
    , 30 (Iowa 2001).
    III.   Sufficiency of the Evidence
    Hudson claims there was insufficient evidence to show he intended to
    cause serious injury under Iowa Code section 708.4(1), as opposed to causing
    5
    bodily injury under section 708.4(2). Hudson asserts that he struck the deputy
    with the intent of protecting himself from being tased again, rather than with the
    intent of causing serious injury. The State counters that was the natural and
    probable consequence of the blows Hudson struck.
    “In reviewing challenges to the sufficiency of evidence supporting a guilty
    verdict, courts consider all of the record evidence viewed ‘in the light most
    favorable to the State, including all reasonable inferences that may be fairly
    drawn from the evidence.’”      Sanford, 814 N.W.2d at 615 (quoting State v.
    Keopasaeuth, 
    645 N.W.2d 637
    , 639–40 (Iowa 2002)).                  There is sufficient
    evidence to support the jury’s verdict if there was substantial evidence in the
    record. 
    Id.
     “Evidence is considered substantial if, when viewed in the light most
    favorable to the State, it can convince a rational jury that the defendant is guilty
    beyond a reasonable doubt.” 
    Id.
    Iowa Code section 708.4 provides “[a]ny person who does an act which is
    not justified and which is intended to cause serious injury to another commits
    willful injury.”2 In determining whether a person intended to cause serious injury,
    a jury is free to consider the attendant facts and circumstances and infer that a
    person intended the natural results of their actions. State v. Taylor, 
    689 N.W.2d 116
    ,   132     (Iowa    2004)    (“[A]n       actor   will   ordinarily   be   viewed
    as intending the natural and probable consequences that usually follow from his
    or her voluntary act. In addition, as we indicated above, intent may
    be inferred from the circumstances surrounding the alleged assault.“). Further,
    2
    The act qualifies as a “C” felony if the person causes serious injury.    
    Iowa Code § 708.4
    (1).
    6
    the extent of the victim’s injuries may also be used to infer intent. State v. Bell,
    
    223 N.W.2d 181
    , 184 (Iowa 1974).
    At trial, the jury heard testimony from multiple witnesses and viewed the
    video that depicted Hudson striking the deputy in the head with two blows, the
    second of which knocked the deputy to the ground. Additionally, Hudson did not
    dispute that he inflicted these blows, only that he did not intend to cause serious
    injury in so doing. Our review of the testimony and the video indicates that there
    were two direct blows to the deputy’s head, which clearly could have and did
    result in serious injury. The jury could have reasonably concluded that serious
    injury was the natural result of Hudson’s actions and that he intended that result.
    See Taylor, 
    689 N.W.2d at 132
    . Additionally, the jury heard testimony pertaining
    to the extent of the deputy’s injuries, which included a broken jaw, being knocked
    unconscious, internal bruising to the kidney and spleen, and internal bleeding.
    Based on the extent of these injuries, the jury could have inferred that Hudson
    intended to inflict serious injury.   See Bell, 
    223 N.W.2d at 184
    .      There was
    substantial evidence in the record demonstrating both the nature of Hudson’s
    actions and the resulting extent of the deputy’s injuries, which would have
    allowed the jury to reasonably conclude Hudson intended to inflict serious injury;
    therefore, we conclude there was sufficient evidence in the record to support
    Hudson’s conviction for willful injury.
    IV.    Jury Instruction
    Hudson claims the district court erred in refusing to give his requested
    justification instruction based on self-defense. Hudson argues he was entitled to
    7
    the justification instruction because he claims the deputy used excessive force.3
    The State responds the deputy’s use of force was lawful and Hudson was not
    entitled to a justification instruction.4
    Initially, we will address the nature of the encounter between the deputy
    and Hudson. Iowa Code section 804.5 defines an arrest as “the taking of a
    person into custody when and in the manner authorized by law, including
    restraint of the person or the person’s submission to custody.”           The deputy did
    not tell Hudson he was under arrest, and at trial, he testified that he did not
    consider Hudson to be under arrest. However, at the volatile, late-night scene,
    the deputy made multiple attempts to gain Hudson’s attention and calm him
    down, including showing his presence, giving a verbal command, and displaying
    his taser. These actions demonstrate an attempt to simply gain control of a
    potentially dangerous situation, rather than an attempt to arrest Hudson.
    “Under certain circumstances, police may detain persons in the absence
    of probable cause if the police have reasonable suspicion to believe criminal
    activity is taking place.” State v. Pals, 
    805 N.W.2d 767
    , 774 (Iowa 2011). Law
    enforcement “may seize a person on less than probable cause when they
    suspect the person is about to commit a crime.” 
    Id.
     Such a seizure qualifies as
    “an investigatory stop” and is done “to allow a police officer to confirm or dispel
    suspicions of criminal activity through reasonable questioning.” State v. Kreps,
    3
    This is a slightly different argument than Hudson raised below, where he claimed he
    was entitled to the instruction because he was not under arrest and the deputy was
    acting unlawfully.
    4
    The State also challenged the timeliness of Hudson’s request, which came after the
    State had presented its case in chief and rested and Hudson had been examined and
    cross-examined. The district court expressed concern about the timeliness but
    ultimately entertained the instruction request. Because we conclude the court properly
    refused to instruct the jury on self-defense, we decline to address the issue of timeliness.
    8
    
    650 N.W.2d 636
    , 641 (Iowa 2002). An investigatory stop is justified when the
    officer describes “specific and articulable facts, which taken together with rational
    inferences from those facts,” warrant the intrusion.          
    Id.
     (quoting State v.
    Heminover, 
    619 N.W.2d 353
    , 357 (Iowa 2000), abrogated on other grounds by
    State v. Turner, 
    630 N.W.2d 601
    , 606 n.2 (Iowa 2001)).
    At trial, the deputy described the observations that caused him to suspect
    Hudson was about to commit a crime:
    [Hudson] was making furtive movements toward [a security guard]
    with clutched fists, speaking in a very elevated voice, yelling at him.
    Prior to that, he was pounding on the hood of his car, flailing his
    arms, and at that—when I observed that, that’s when I ran over
    there and got in-between both subjects.
    The deputy’s observations were supported by the security video.             He also
    testified that his goal in approaching the dispute between Hudson and the
    security guards in the parking lot was to diffuse the situation:
    Well, my main goal there is to prevent any type of injuries to
    anybody on the property, and with [Hudson’s] demeanor and his,
    I’m going to say, intoxicated state, I was just trying to calm the
    whole situation down and be a third party and get in there and calm
    it down.
    Weighing the deputy’s observations in conjunction with the level of intrusion he
    sought, we find the deputy’s detention of Hudson was justified.         The deputy
    observed Hudson acting erratically and threatening others, and the deputy was
    exercising a legitimate law enforcement function in attempting to diffuse the
    volatile scene with a brief intrusion to assess the situation. Accordingly, the
    deputy was attempting to lawfully detain Hudson for the purposes of a brief
    investigatory stop.
    9
    In State v. Thomas, our supreme court held that people were not allowed
    to use force to resist arrests, even if the arrest was unlawful. 
    262 N.W.2d 607
    ,
    610–611 (Iowa 1978). The Iowa Legislature codified this rule with Iowa Code
    section 804.12:
    A person is not authorized to use force to resist an arrest, either of
    the person’s self, or another which the person knows is being made
    either by a peace officer or by a private person summoned and
    directed by a peace officer to make the arrest, even if the person
    believes that the arrest is unlawful or the arrest is in fact unlawful.
    In State v. Bedard, our supreme court left open the question whether the same
    rule applied to investigatory stops, that is, whether a person could use force to
    resist an unlawful detention. 
    668 N.W.2d 598
    , 600 (Iowa 2003). Each party
    requests we resolve this question now.5 We decline the invitation because we
    find this case may be resolved under established precedent regarding lawful
    detentions.
    “The right to make an investigatory stop ‘necessarily carries with it the
    right to use some degree of physical coercion or threat thereof to effect it.’” State
    v. Dewitt, 
    811 N.W.2d 460
    , 468 (Iowa 2012) (quoting Graham v. Connor, 
    490 U.S. 386
    , 396 (1989)). Law enforcement may use reasonable physical force to
    effectuate an investigatory stop. 
    Id.
     In determining whether the use of force is
    reasonable, we balance the nature of the intrusion with the countervailing
    government interests, are mindful of the inherent danger surrounding
    investigatory stops, and require the force used to detain to be limited to what is
    necessary to ensure the goals of the stop.            
    Id.
     at 468–69.      Ultimately,
    5
    Additionally, an amicus brief was filed by the Iowa County Attorney’s Association
    requesting we address this issue.
    10
    proportionality is the touchstone factor in evaluating the reasonableness of force.
    
    Id.
     at 469–70.
    Our review of the record indicates that the deputy’s ultimate use of force
    was not excessive. Initially, the deputy sought a minimal intrusion to diffuse a
    situation, which he reasonably believed could escalate to a physical confrontation
    with the security guards.        In response to Hudson’s escalated behavior, the
    deputy carefully increased the nature of his intrusion—from mere presence, to a
    verbal command, to a push, to the pointing of the taser, and ultimately, to the use
    of the taser. This cautious escalation indicates the deputy increased the nature
    of the intrusion proportionally to Hudson’s conduct and attempted to use only
    what force was necessary to accomplish the goal of diffusing the situation. The
    testimony and the security video indicate that Hudson refused to submit to the
    deputy’s lawful attempt to detain him and the deputy was forced to use the taser.
    Having determined the deputy acted lawfully in attempting to detain Hudson, we
    conclude the deputy’s use of force did not exceed the level necessary to
    accomplish the detention.
    Because the deputy’s detention of Hudson was lawful and the gradual
    increase in his use of force was not excessive, we conclude Hudson was not
    entitled to resist the detention by twice striking the deputy in the head.
    Therefore, on these facts, the district court correctly determined Hudson was not
    entitled to a justification instruction.
    V.      Conclusion
    11
    Because we conclude there was sufficient evidence to support Hudson’s
    conviction as to willful injury causing serious injury and because Hudson was not
    entitled to a justification instruction, we affirm Hudson’s convictions.
    AFFIRMED.