State v. Boyd
169 A.3d 842
| Conn. App. Ct. | 2017Background
- Incident at ~2:00 a.m. outside the Moose Lodge bar in South Norwalk: defendant (Boyd) argued with patron/employee Alisabeth Rojas while escorted out by a bouncer (Mayberry); officer Kruger observed and intervened.
- In the parking area, witnesses (Kruger, Mayberry) testified Boyd came within a few feet of Rojas and either swung a fist at the back of her head or shoved her; Rojas ducked, lost balance, and fell to a knee.
- Kruger and Mayberry restrained Boyd; he resisted, was taken to the ground, and both Kruger and Officer Tejada assisted in handcuffing him; Boyd later claimed Rojas stabbed him, but officers found no wound or blood.
- Boyd was charged with disorderly conduct (§ 53a-182), interfering with an officer (§ 53a-167a), and two counts of threatening; jury convicted on disorderly conduct and interfering with an officer, acquitted on threats; sentenced to 15 months.
- On appeal Boyd argued (1) insufficient evidence for disorderly conduct because he merely raised/pushed his hand defensively; and (2) trial court failed to give requested jury definitions for interfering with an officer.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Boyd) | Held |
|---|---|---|---|
| Sufficiency of evidence for disorderly conduct (intent + violent/threatening behavior) | Witnesses described aggressive swing or shove; circumstances and conduct show intent to cause alarm/annoyance | He only raised a hand/pushed defensively as Rojas came toward him; no specific intent to cause alarm | Affirmed — evidence sufficient; jury credited witnesses over defendant and could infer intent under §53a-182(a)(1) |
| Omission of definitions/instructions for elements of interfering with an officer | Court’s principal charge included the requested definitions and intent language; supplemental clarifications did not supplant principal charge | Court failed to instruct on definitions of "obstructs/resists/hinders/endangers" and on intent language from his request | Affirmed — no instructional error; charge as a whole (principal + supplemental) adequately covered requested language and law |
Key Cases Cited
- State v. Crespo, 317 Conn. 1 (Conn. 2015) (standard of review for sufficiency of the evidence)
- State v. Briggs, 94 Conn. App. 722 (Conn. App. 2006) (elements of disorderly conduct defined)
- State v. Andriulaitis, 169 Conn. App. 286 (Conn. App. 2016) (interpretation of §53a-182 mens rea)
- State v. Indrisano, 228 Conn. 795 (Conn. 1994) (definition of intent under disorderly conduct statute)
- State v. Senquiz, 68 Conn. App. 571 (Conn. App. 2002) (jury’s credibility determinations and weighing conflicting testimony)
- State v. Jason B., 111 Conn. App. 359 (Conn. App. 2008) (deference to jury credibility findings)
- State v. Kitchens, 299 Conn. 447 (Conn. 2011) (standards for evaluating jury instructions and requests to charge)
- State v. Terwilliger, 294 Conn. 399 (Conn. 2010) (preservation of instructional claims by request to charge or exception)
- State v. Johnson, 165 Conn. App. 255 (Conn. App. 2016) (specificity required to preserve jury instruction claims)
