Adrienne Johnson v. United States
Adrienne Johnson v. United States
Opinion
Following a bench trial in the Criminal Division of the Superior Court, appellant Adrienne Johnson was found guilty of attempted second-degree cruelty to children and attempted possession of a prohibited weapon (PPW). Appellant argues that the trial court erred when it denied her motion to suppress her statements to the police and that the evidence was insufficient to support her convictions. For the following reasons, we affirm.
I.
On May 14, 2017, appellant beat her thirteen-year-old son A.J. with a wooden stick about the size of a broomstick. Appellant repeatedly hit A.J. with the stick while he sat on the floor in the corner of his room and raised his left arm to block his face. The stick broke during the beating, and appellant continued to strike A.J. with the two broken pieces. As a result of the beating, A.J. sustained bruises and marks to his arms, shoulder, and legs, and had a mark behind his left ear.
On May 15, 2017, Ricky Clayton, a social worker for the Child and Family Services Agency (CFSA), called appellant to follow up on her case that was already open with CFSA. 1 During that phone call, appellant stated that she beat A.J. because he "broke into her room" and retrieved his Kindle Fire tablet that appellant kept in her room as a punishment. That same day, Metropolitan Police Department Detective Karane Williams-Thomas was assigned to appellant's case as a "hot case," and she *610 went to appellant's home with her partner Detective Aaron Mackinoff and social worker Kimberly Hayes to interview appellant and her two younger sons. Appellant answered the front door, and Detective Williams-Thomas introduced herself, stating that she was investigating an allegation of physical abuse. At appellant's home, individuals from CFSA's Homebuilders program were already present. Appellant admitted the detectives and social worker into her home and gave them permission to interview her two younger sons while she spoke with the individuals from the Homebuilders program. Detective Williams-Thomas's service revolver was underneath her jacket, and she was not with any uniformed police officer. After the detective interviewed appellant's sons, she interviewed appellant in her living room for about thirty minutes. During the interview, Detective Williams-Thomas was just standing off the stairwell while appellant was at a desk, and Detective Mackinoff was outside of the house, making phone calls near the front door. Detective Williams-Thomas testified that she never took handcuffs out, she never touched appellant, she never threatened appellant, and she never told appellant that she was under arrest.
On May 16, 2017, appellant was charged with two counts of attempted second-degree cruelty to children, in violation of
II.
1. Motion to Suppress
Appellant argues that the trial court erred when it denied her motion to suppress her statements to the police because she was subject to custodial interrogation but was not advised of her Miranda rights. 2 Appellant contends that she was in custody because both detectives were armed, she was never informed that she was free to leave or that she could refuse questioning, she was interrogated about a crime, and Detective Mackinoff's presence near the door created an impression that she could not leave her house. The government acknowledges that appellant was interrogated but disputes that appellant was in custody.
"An individual is in custody for
Miranda
purposes only where there is a formal arrest or restraint on freedom of movement of the degree associated with a formal arrest."
Morales v. United States
,
In reviewing a trial court's denial of a motion to suppress on
Miranda
grounds, we defer to its factual findings.
Jones v. United States
,
Here, the trial court found that Detective Williams-Thomas's weapon was concealed; during appellant's interview, Detective Mackinoff was outside the front door making phone calls, not standing or guarding at the door; the interview took place in appellant's living room, where Detective Williams-Thomas was just standing off the stairwell while appellant was at a desk; and the tone of the interview was conversational. The trial court's factual findings are supported by the record. Therefore, the question before us is whether, on these facts, appellant was in custody within the meaning of
Miranda
. Based on our case law, and particularly on our decision in
Morales v. United States
,
Appellant was questioned in "the familiar surroundings of her own home" for a "comparatively brief" duration of about half an hour.
Morales
,
2. Sufficiency of the Evidence
Next, appellant argues that the government's evidence was insufficient to support her convictions. In reviewing a claim of sufficiency of evidence, "we must review all evidence in the light most favorable to the government and give deference to the right of the fact finder to weigh the evidence, determine the credibility of the witnesses, and draw all justifiable inferences of fact, making no distinction between direct and circumstantial evidence."
Dorsey v. United States
,
a. Second-Degree Cruelty to Children
Appellant contends that the evidence was insufficient to support her conviction of second-degree cruelty to children because the government failed to rebut appellant's defense that she was acting under the parental discipline privilege. "A person commits the crime of cruelty to children in the second degree if that person intentionally, knowingly, or recklessly ... [m]altreats a child or engages in conduct which causes a grave risk of bodily injury to a child."
Here, the trial court found that A.J.'s actions warranted punishment and appellant intended to discipline him, but her use of force was excessive. We conclude that the government adduced sufficient evidence to support the trial court's finding that appellant's behavior was excessive and unreasonable. The record shows that appellant struck A.J. with a wooden stick that was as thick as a broomstick, that she used force hard enough to break the stick and cause bruises and marks on A.J.'s body, and that she repeatedly struck A.J., even after the stick broke. The record also shows that appellant's behavior was not controlled or measured. She stood over A.J. while he was sitting on the floor in the corner of his room and beat him indiscriminately, resulting in marks and bruises on his arms, shoulder, and legs, and even a mark on his left ear.
Appellant relies on our decision in
Florence v. United States
,
b. Attempted Possession of a Prohibited Weapon (PPW)
Finally, appellant argues that the evidence was insufficient to support her conviction of attempted PPW. To establish the offense of attempted PPW, the government must show beyond a reasonable doubt that appellant attempted to
*613
possess a "dangerous weapon" with "intent to use [it] unlawfully against another."
An object is a dangerous weapon if it is "known to be likely to produce death or great bodily injury in the manner it is used, intended to be used, or threatened to be used."
Harper v. United States
,
Here, the government presented sufficient evidence to support the trial court's finding that the wooden stick was a dangerous weapon within the meaning of
Appellant argues that the stick was not a dangerous weapon because it did not
actually
produce great bodily injury, noting that there were no open wounds, swelling, broken bones, bleeding, black or busted eyes, or purple bruising, but our legal standard is whether such injury is
likely
to occur.
Alfaro
,
III.
For the foregoing reasons, appellant's convictions are affirmed.
So ordered .
Before the incident, appellant went to CFSA with her three sons, including A.J., indicating that she wanted to relinquish her care of them because they had been misbehaving and A.J. especially had not been taking her seriously, and CFSA agreed to provide her with assistance in taking care of her children.
Miranda v. Arizona
,
Reference
- Full Case Name
- Adrienne JOHNSON, Appellant, v. UNITED STATES, Appellee.
- Cited By
- 3 cases
- Status
- Published