Brice Hinton v. State of Indiana
2016 Ind. App. LEXIS 55
| Ind. Ct. App. | 2016Background
- Hinton was found intoxicated with a bow and arrow near a wooded trail by a school, with children nearby.
- The incident occurred around 7:30 a.m. on April 29, 2015, on a public wooded area adjacent to a school campus.
- Officer Howery observed the bow and arrow, noted Hinton’s intoxication, and questioned him about target shooting.
- Hinton admitted targeting with the bow but acknowledged it was a bad time given nearby children; no arrow was released.
- Hinton was charged with Class B misdemeanor public intoxication endangering a person under Ind. Code § 7.1-5-1-3(a)(2).
- At a bench trial, Hinton argued he did not endanger anyone; the trial court found him guilty as charged.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence shows endangerment to others. | State argues proximity and readiness created endangerment. | Hinton contends no actual endangerment occurred; no harm or imminent risk. | Sufficient evidence of endangerment shown; conviction affirmed. |
Key Cases Cited
- Davis v. State, 13 N.E.3d 500 (Ind. Ct. App. 2014) (endangerment requires more than speculative risk; no harm needed but risk near presence suffices)
- Sesay v. State, 5 N.E.3d 478 (Ind. Ct. App. 2014) (standing near road with intoxication not endangering; speculative risk insufficient)
- Stephens v. State, 992 N.E.2d 935 (Ind. Ct. App. 2013) (walking intoxicated toward store not endangering; no specific risk shown)
- Weideman v. State, 890 N.E.2d 28 (Ind. Ct. App. 2008) (defining endangerment using plain meaning when not statutorily defined)
- Davis v. State (additional citation), 13 N.E.3d 502 (Ind. Ct. App. 2014) (clarifies endangerment includes potential harm to self or others)
- Al-Saud v. State, 658 N.E.2d 907 (Ind. 1995) (brandishing weapon in a public area creates risk independent of actual injury)
- Thomas Davis v. State, 13 N.E.3d 503 (Ind. Ct. App. 2014) (emphasizes endangerment element does not require actual harm)
