William Bivens v. State of Indiana (mem. dec.)
49A02-1606-CR-1388
| Ind. Ct. App. | Feb 9, 2017Background
- In the early morning hours of July 11, 2015, Indianapolis officers observed William Bivens riding a bicycle on the sidewalk exhibiting signs of intoxication (slurred speech, bloodshot/glassy eyes, unsteady balance) and yelling at officers.
- Officers attempted to question and then place Bivens under arrest; he became aggressive, balled his fists, reached toward his waistband/pockets, and resisted verbal commands.
- During the struggle Bivens punched Officer Wilson in the face, was taken into the street, and a physical encounter ensued in which officers performed a leg sweep, taser and baton maneuvers, knee strikes, and ultimately handcuffed him.
- Officer Elliott testified he suffered injuries to his left arm/shoulder during the struggle and had pain and diminished function thereafter.
- Bivens was charged with battery on a public safety official (Level 5 felony), resisting law enforcement (Level 6 felony), and public intoxication (Class B misdemeanor); he was convicted after a bench trial and sentenced (with most time suspended).
- On appeal Bivens challenged only the sufficiency of the evidence for resisting law enforcement (arguing his conduct did not cause Officer Elliott’s injury) and for public intoxication (arguing he did not breach or imminently threaten the public peace).
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Bivens) | Held |
|---|---|---|---|
| Sufficiency to sustain resisting law enforcement as a Level 6 felony (whether Bivens caused bodily injury to Officer Elliott while resisting) | Bivens violently resisted; his actions (kicking, pulling, continued struggle) foreseeably caused Officer Elliott’s injury during subduing efforts | Officer Elliott’s injury resulted from officers’ tactics (leg sweep, throws); Bivens’ resistance was not the proximate cause and should reduce offense to misdemeanor | Court held evidence sufficient: Bivens’ resisting was a direct and foreseeable cause of Elliott’s injury and supports Level 6 felony conviction |
| Sufficiency to sustain public intoxication as a Class B misdemeanor (whether Bivens breached or imminently threatened the peace while intoxicated in public) | Bivens was intoxicated in public and acted aggressively (yelling, balled fists, reaching waistband), creating breach/imminent danger to peace | Bivens’ conduct was reactive to alleged unlawful detention and not a breach of the peace | Court held evidence sufficient: Bivens’ conduct disturbed public tranquility and supported conviction |
Key Cases Cited
- Drane v. State, 867 N.E.2d 144 (Ind. 2007) (standard for reviewing sufficiency of evidence)
- Jenkins v. State, 726 N.E.2d 268 (Ind. 2000) (review standard for conflicts in evidence)
- Whaley v. State, 843 N.E.2d 1 (Ind. Ct. App. 2006) (defendant’s resistance can be the direct cause of officers’ injuries)
- Smith v. State, 21 N.E.3d 121 (Ind. Ct. App. 2014) (distinguishes passive resistance where officer’s injury not caused by defendant)
- Moore v. State, 49 N.E.3d 1095 (Ind. Ct. App. 2016) (officer injury during pursuit not necessarily caused by defendant)
- Williams v. State, 989 N.E.2d 366 (Ind. Ct. App. 2013) (public intoxication conviction supported where defendant was belligerent, unsafe in public, and resisted officers)
- Naas v. State, 993 N.E.2d 1151 (Ind. Ct. App. 2013) (affirming public intoxication where defendant was agitated and threatening)
- Lemon v. State, 868 N.E.2d 1190 (Ind. Ct. App. 2007) (definition of breach of the peace)