Thornton v. State
310 Ga. 460
Ga.2020Background
- On Jan. 10, 2013, a uniformed DNR game warden at a LaFayette gas station asked Christopher Thornton to turn down his car stereo; Thornton refused and became belligerent.
- The warden told Thornton to remain outside the vehicle; Thornton re-entered his car. The warden reached through an open window to obtain Thornton’s ID; Thornton drove off, dragging the warden briefly.
- Thornton was charged with two obstruction counts (misdemeanor for refusing orders; felony for offering/doing violence) and convicted by a Walker County jury.
- The Court of Appeals affirmed, holding the warden had authority under OCGA § 40-13-30 to enforce the Rules of the Road and that the Rules applied in the parking lot. The Supreme Court granted certiorari to address two statutory questions.
- The Georgia Supreme Court held: (1) OCGA § 40-13-30 authorizes DNR game wardens to enforce the Rules of the Road (including citation/arrest authority) where that statute applies; (2) OCGA § 40-6-3(a)(2) makes the Rules applicable in privately owned shopping centers/parking lots only if they are customarily used by the public as through or connector streets; and (3) the evidence showed the gas station lot was so used, so the warden was lawfully performing his duties and the obstruction convictions were supported.
Issues
| Issue | Thornton's Argument | State's Argument | Held |
|---|---|---|---|
| Whether OCGA § 40-13-30 grants DNR game wardens authority to enforce the Uniform Rules of the Road | §40-13-30 does not expand DNR wardens’ authority to enforce the Rules of the Road statewide | §40-13-30 applies to officers of the state who may arrest for misdemeanors, authorizing them to prefer charges and enforce Article 2 traffic provisions | Yes. Game wardens are officers under §40-13-30 and may enforce Rules of the Road (including issuing citations and effectuating arrests); municipal-territory limitation applies only to municipal officers |
| Whether the Rules of the Road apply in privately owned shopping centers/parking lots regardless of public usage | The qualifying phrase limits the Rules to privately owned areas that are customarily used by the public as through or connector streets | The Rules apply to all shopping centers and parking lots listed in the statute | The qualifier modifies the entire series; the Rules apply in private shopping centers/parking lots only if customarily used by the public as through or connector streets |
| Whether evidence was sufficient to show the warden was lawfully performing his duties when enforcing the stereo-volume statute (OCGA §40-6-14) | Insufficient: parking lot not subject to Rules of the Road, so warden not lawfully performing duties | Sufficient: evidence showed the lot was commonly used as a cut-through and the warden was on duty attempting to enforce §40-6-14 | Sufficient. Jury could find the lot was customarily used as a through/connector street and the warden lawfully enforced the statute; obstruction convictions affirmed |
Key Cases Cited
- Thornton v. State, 353 Ga. App. 252 (2019) (Court of Appeals decision affirmed on different grounds by Ga. Supreme Court)
- Zilke v. State, 299 Ga. 232 (2016) (statutory limitations on arrest authority may constrain general arrest statutes)
- Scott v. State, 299 Ga. 568 (2016) (application of last-antecedent and series-qualifier rules in statutory construction)
- City of Marietta v. Summerour, 302 Ga. 645 (2017) (statutory interpretation principles; text controls)
- Deal v. Coleman, 294 Ga. 170 (2013) (presumption that legislature means what it says; read statutory text in context)
- Zaldivar v. Prickett, 297 Ga. 589 (2015) (use of statutory context, structure, and other law in interpretation)
- Canino v. State, 314 Ga. App. 633 (2012) (Court of Appeals decision applying Rules of the Road to parking lots without requiring customary public use)