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State v. Vanallen
140 Conn. App. 689
| Conn. App. Ct. | 2013
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Background

  • Defendant Joseph VanAllen, with his two-year-old daughter present, was at his Hartford apartment on December 25, 2009.
  • Whaley (the child's mother) arrived with Camilla Williams and Nicole Williams to pick up the child.
  • An argument occurred; the defendant brandished a loaded handgun at Whaley's head while she was seated in a car.
  • The gun was pointed at Whaley and fired into the air several times, with the other adults nearby in the car.
  • Whaley drove away, the defendant fled, and shell casings were later recovered at the scene.
  • Defendant was convicted at jury trial of multiple offenses including carrying a pistol without a permit, criminal possession of a firearm, unlawful discharge, risk of injury to a child, breach of the peace, and two counts of reckless endangerment.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Sufficiency of evidence for risk of injury to a child and reckless endangerment VanAllen endangered his child and others by firing near them and pointing a loaded gun. Evidence did not show a risk of serious physical injury to the child or others. Court upheld denial of acquittal; sufficient evidence supports risk to child and reckless endangerment.
Admissibility of shell casings found at the scene Casings link to a discharged firearm and support the charged conduct. Casings were not clearly connected to the defendant and could be prejudicial. Court affirmed admission; casings were relevant and probative in context of other evidence.

Key Cases Cited

  • State v. Green, 81 Conn. App. 152 (2004) (two-part sufficiency review for acquittal standard)
  • State v. Wayne, 60 Conn. App. 761 (2000) (risk of serious physical injury from pointing a loaded gun)
Read the full case

Case Details

Case Name: State v. Vanallen
Court Name: Connecticut Appellate Court
Date Published: Feb 12, 2013
Citation: 140 Conn. App. 689
Docket Number: AC 33369
Court Abbreviation: Conn. App. Ct.