William Ryan v. State of Indiana (mem. dec.)
49A02-1606-CR-1468
| Ind. Ct. App. | Mar 20, 2017Background
- On March 19, 2016, William Ryan was forcibly removed from Tiki Bob’s Cantina, placed on the sidewalk, and told to leave.
- Officer John Walters (in uniform, off-duty) observed Ryan with slurred speech, red/glassy eyes, odor of alcohol, unsteady balance, and staggering.
- Ryan acted belligerently toward bar staff and Officer Walters, got in the officer’s face with balled fists, cursed, and repeatedly refused orders to leave.
- Officer Walters pushed Ryan away when Ryan would not back off and believed Ryan posed an imminent risk of starting a physical fight; Ryan was arrested.
- Ryan was charged with Class B misdemeanor public intoxication (breach of the peace or imminent danger of breaching the peace), tried by bench trial, convicted, and sentenced to 20 days jail plus 270 days probation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was evidence sufficient to prove intoxication? | State: Officer observed classic intoxication indicators (slurred speech, bloodshot eyes, odor, unsteady balance) supporting impairment. | Ryan: Although he drank, his agitation was due to being unfairly ejected, not intoxication. | Court: Evidence sufficient to prove intoxication. |
| Was there a breach of the peace or imminent danger of one? | State: Ryan’s belligerence, balled fists, getting in officer’s face, and refusal to leave constituted threatened violence/disturbance. | Ryan: Denied breaching the peace; argued behavior reflected agitation, not violent threat. | Court: Evidence sufficient to show breach or imminent danger of breach; conviction affirmed. |
Key Cases Cited
- Bailey v. State, 907 N.E.2d 1003 (Ind. 2009) (standard for sufficiency review in criminal cases)
- Vanderlinden v. State, 918 N.E.2d 642 (Ind. Ct. App. 2009) (factors showing intoxication)
- Lemon v. State, 868 N.E.2d 1190 (Ind. Ct. App. 2007) (definition/scope of breach of the peace)
- Price v. State, 622 N.E.2d 954 (Ind. 1993) (violence threatened or actual is essential element of breach of the peace)
- Williams v. State, 989 N.E.2d 366 (Ind. Ct. App. 2013) (similar facts: intoxication plus belligerence supported public intoxication conviction)