State v. Graham
263 P.3d 569
Utah Ct. App.2011Background
- Graham was involved in a January 31, 2008 domestic disturbance at his Eagle Mountain home, leading to a four-to-five hour sheriff's stand-off with weapons drawn.
- Forty to fifty Utah County Sheriff's Office personnel, including SWAT and hostage negotiation units, assisted, along with neighboring agencies.
- Graham armed himself with two handguns during the incident and threatened Wife and the officers; Wife feared for herself and the children.
- Wife unsuccessfully attempted to leave with the children; she texted a friend asking to fight for custody and left notes for the children expressing love and fear.
- A negotiation sequence ensued with officers and a county attorney; Graham demanded assurances he would not be criminally charged, and a ruse letter was provided; Graham surrendered unarmed after the exchange.
- Graham was charged with aggravated kidnapping or aggravated assault (domestic violence), felony terroristic threat, and felony domestic violence in the presence of a child; the jury found him guilty of terroristic threat and domestic violence in the presence of a child and acquitted on the other counts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether sheriff’s office is a unit of government for the terroristic threat statute | Graham argues sheriff’s office is not a unit of government. | State contends sheriff’s office can be a unit of government in the context of an emergency response. | Yes; the sheriff’s office can be a unit of government for purposes of the felony provision. |
| Whether Graham’s threats to influence the sheriff’s office fall within felony terroristic threat | Graham’s threats targeted the sheriff’s response to the emergency. | The threats were aimed at influencing government conduct during an emergency. | Graham’s conduct unambiguously fell within the felony scope of influencing a government unit. |
| Sufficiency of evidence that Graham used a dangerous weapon in the presence of a child | Possession of firearms alone does not establish use. | Exhibiting the weapons created fear and thus amounted to use. | There was sufficient evidence that Graham used a dangerous weapon under the circumstances. |
Key Cases Cited
- In re R.G.B., 597 P.2d 1333 (Utah 1979) (presence of gun can constitute use when it causes fear)
- State v. Weisberg, 62 P.3d 457 (Utah App. 2002) (use of weapon shown by behavior creating fear without pointing it)
- State v. Ireland, 150 P.3d 532 (Utah 2006) (statutory interpretation of use/influence in terroristic threat)
- State v. Jeffries, 217 P.3d 265 (Utah 2009) (interpreting statutory language to give meaningful distinctions)
- State v. McNearney, 246 P.3d 532 (Utah App. 2011) (statutory interpretation reviewed for correctness)