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