City of Helena v. Parsons
City of Helena v. Parsons
Opinion of the Court
***87¶1 Ronald Scott Parsons appeals the judgment of the Montana First Judicial District Court, Lewis and Clark County, affirming his convictions for misdemeanor negligent endangerment and reckless driving in the City of Helena Municipal Court. We address the following restated issue on appeal:
*712Whether the Municipal Court erroneously precluded evidence, argument, and jury instruction on § 46-6-502, MCA (citizen arrest authority), as a fact defense relevant to the sufficiency of the State's proof of the elements of the offenses?
¶2 We reverse and remand.
FACTUAL AND PROCEDURAL BACKGROUND
¶3 On a March morning in 2016, City of Helena police were engaged in an extended high-speed chase with a fleeing motorcycle rider through residential neighborhoods, school zones, and along main thoroughfares in Helena. While northbound on Benton Avenue toward Custer Avenue in a pickup truck with a boat trailer in tow, Parsons first encountered the chase as the motorcycle and pursuing police car were oncoming southbound. Parsons observed the motorcycle traveling at a high rate of speed with the police car in hot pursuit-emergency lights and siren activated. After turning eastbound onto Custer Avenue after the chase passed by, Parsons again saw the speeding motorcycle and pursuing police car, this time rapidly approaching him from behind as he proceeded on Custer toward Montana Avenue. Seeing the fleeing motorcycle as an imminent risk to public safety and intent on stopping it to allow the pursuing police to apprehend the driver, Parsons slowed and pulled his pickup across the oncoming westbound lane, thereby fully blocking both lanes in an attempt to force the motorcycle to stop. Not intent on stopping, the motorcyclist instead tried to drive up the curb to go around the roadblock on the sidewalk.
***88However, the motorcycle crashed on the curb, resulting in injury to the rider. The pursuing police immediately arrived, stopped, and arrested the injured motorcyclist, ultimately charging him with various offenses related to the chase. Police also later charged Parsons with misdemeanor negligent endangerment and reckless driving in violation of §§ 45-5-208(1) and 61-8-301(1), MCA.
¶4 At his subsequent jury trial, on the State's motion, the Municipal Court precluded Parsons from presenting evidence and argument that, rather than in negligent, willful, or wanton disregard for the safety of others as alleged by the State, he acted reasonably under the circumstances to assist police in apprehending the fleeing motorcyclist as authorized by § 46-6-502, MCA (citizen arrest authority). Ruling that the authority to make a citizen's arrest did not render Parsons immune from the charged offenses and that he lacked the requisite probable cause for a citizen's arrest in any event, the Municipal Court granted the State's motion in limine and further refused to instruct the jury on Parsons's authority to make a citizen's arrest. At the close of trial, the jury convicted Parsons of misdemeanor negligent endangerment and reckless driving as charged. After the District Court affirmed the Municipal Court judgment on intermediate appeal, Parsons timely appealed here.
STANDARD OF REVIEW
¶5 On appeal from a municipal court of record, district courts function as intermediate appellate courts with the scope of review "confined to review of the record and questions of law. ..." Sections 3-5-303, 3-6-110(1), MCA ; State v. Luke ,
***89State v. Kaarma ,
DISCUSSION
¶6 Whether the Municipal Court erroneously precluded evidence, argument, and jury instruction on § 46-6-502, MCA (citizen arrest authority), as a fact defense relevant to the sufficiency of the State's proof of the elements of the offenses?
¶7 Parsons asserts that his authority and intent to make a citizen's arrest were critically relevant jury considerations as to whether he acted in negligent, willful, or wanton disregard for the safety of others as alleged by the State. The State contrarily asserts that Parsons's authority and intent to make a citizen's arrest was not relevant to whether he committed the charged offenses and that he lacked sufficient cause to make a citizen's arrest in any event. We agree with Parsons.
¶8 A person commits the offense of negligent endangerment if the person "negligently engages in conduct that creates a substantial risk of death or serious bodily injury to another...." Section 45-5-208(1), MCA. As pertinent here, a person acts "negligently" if the "person consciously disregards a risk" that the person's conduct will create a substantial risk of death or serious bodily injury to another. Section 45-2-101(43), MCA. In contrast to simple negligence, "[t]he risk must be of a nature and degree that to disregard it involves a gross deviation from the standard of conduct that a reasonable person would observe" under the circumstances. Section 45-2-101(43), MCA. In this context, a "gross deviation" is "a deviation that is considerably greater than lack of ordinary care." Section 45-2-101(43), MCA.
¶9 Against that backdrop, a "private person may arrest another when there is probable cause to believe that the [other] is committing or has committed an offense and the existing circumstances require the person's immediate arrest." Section 46-6-502(1), MCA. The arresting "private person may use reasonable force to detain the arrested person." Section 46-6-502(1), MCA (2009 Mont. Laws ch. 332, § 8 (HB 228)). Upon an arrest, the arresting citizen must "immediately notify the nearest available law enforcement agency or peace officer and give custody of the person arrested to the officer or agency." Section 46-6-502(2), MCA. In accord with the common law dating back to 1285,
*714¶10 The term "arrest" means "taking a person into custody in the manner authorized by law." Section 46-1-202(3), MCA. In the case of a citizen's arrest, "arrest" means restraining a person in accordance with § 46-6-502(1), MCA, pending immediate notification and relinquishment of the person to a law enforcement officer or agency. See §§ 46-1-202(3), 46-6-104(1), -502, MCA. See also State v. May ,
¶11 Here, the State acknowledges that Parsons "pulled his truck and trailer across Custer Avenue to aid law enforcement and stop the ***91fleeing motorcyclist." It nonetheless asserts that the citizen's arrest statute did not apply because, rather than attempting to effect a citizen's arrest, Parsons was merely trying to set up a roadblock in accordance with § 46-5-502(1)(a), MCA (temporary law enforcement roadblocks for "apprehen[sion of] persons known to be wanted" for a violation of law). However, pursuant to its express language, § 46-5-502, MCA, is merely an affirmative grant of authorization for law enforcement roadblocks. By its terms, § 46-5-502, MCA, has no application to private citizens and thus no application here. Even by negative implication, nothing in the language of § 46-5-502, MCA, evinces any legislative intent to preclude a citizen from using a vehicle or other physical means to temporarily block a road as the mechanism of force to effect an arrest authorized by § 46-6-502(1), MCA.
¶12 Here, the record clearly manifests substantial, uncontradicted evidence that, upon observing a fast-approaching motorcyclist fleeing from police at high speed through town at imminent risk to public safety, Parsons attempted to stop the motorcycle by temporarily blocking the road with his vehicle until the pursuing police could arrive, stop, and arrest the rider as so obviously intended. Moreover, it is further uncontradicted and beyond material dispute on the record that, regardless of whether the police desired his assistance or would have eventually apprehended the motorcyclist on their own, Parsons's roadblock did in fact immediately stop and detain the fleeing suspect long enough for the pursuing police to stop and physically arrest him.
¶13 Even if Parsons's authority to make a citizen's arrest might otherwise be relevant, the State further asserts, as concluded by the Municipal Court, that he in any event lacked the requisite probable cause to make a citizen's arrest on the particular facts of this case. In support of this assertion, the State correctly asserts that Parsons had no idea why police were chasing the fleeing motorcycle. However, by its express language, § 46-6-502(1), MCA, does not necessarily require in every circumstance that the *715citizen know the specific offense committed or the specifics of the offense. It merely requires that the citizen have "probable cause to believe that the person is committing or has committed an offense" and that "the existing circumstances require the person's immediate arrest." Section 46-6-502(1), MCA. Probable cause is not talismanic. It is no more than knowledge of facts and circumstances "sufficient to warrant a reasonable person to believe that another person is committing or has committed an offense." City of Missoula v. Iosefo ,
¶14 Here, Parsons personally observed a motorcycle fleeing at high speed from pursuing police-lights flashing, siren blaring. Those facts alone were sufficient for an objectively reasonable belief that the motorcyclist had not only committed an offense, but further, that he or she was then in the process of committing additional offenses by attempting to elude pursuing police. Probable cause is inherently a question of fact under the totality of the circumstances known. On the record here, a jury could have reasonably concluded that Parsons had probable cause to believe that the motorcyclist had committed an offense and that circumstances required his or her immediate arrest. The jury could have thus further found reasonable doubt as to whether Parsons acted in negligent, willful, or wanton disregard of the safety of others as alleged by the State or, as he asserts, reasonably under the circumstances.
¶15 In further tacit acknowledgement of the relevance of Parsons's citizen's arrest authority and intent, the State asserts that the Municipal Court did not err in any event because Parsons's conduct was clearly unreasonable under the circumstances. However, like ***93probable cause, the question of what constitutes "reasonable force" as referenced in § 46-6-502(1), MCA, is inherently a question of fact under the totality of the circumstances. Regardless of other supportable jury views, the record reflects substantial evidence upon which a jury could have reasonably concluded that Parsons was attempting to effect a citizen's arrest of the fleeing motorcyclist using a mechanism and degree of force reasonable under the circumstances. If so, that factual consideration would have been materially relevant to whether he acted in negligent, willful, or wanton disregard for the safety of others beyond a reasonable doubt as alleged by the State.
¶16 Finally, though acknowledging that Parsons was not attempting to assert his citizen's arrest authority and intent as an affirmative defense, the State repeatedly asserts that the Municipal Court did not err in any event because the authority to make a citizen's arrest did not "immunize" Parsons from criminal liability. While we agree, that point of law does not necessarily preclude Parsons's authority and intent to make a citizen's arrest as a factual consideration relevant to the sufficiency of the State's proof of the elements of the charged offenses.
¶17 As a matter of law, proof of the elements of an affirmative defense completely negates otherwise sufficient proof of the essential elements of a charged offense. See State v. Nicholls ,
¶18 The Dissent correctly asserts that § 46-6-502(2), MCA ("private person making an arrest shall immediately notify the nearest available law enforcement agency or ... officer and give custody of the person" thereto), "does not authorize a private citizen ... to involve himself in an active law enforcement action." True. But nor does § 46-6-502(2), MCA, expressly or implicitly preclude a citizen's arrest when police are pursuing a suspect with intent to arrest but have yet to apprehend him or her under circumstances where, as here, it is uncertain that they will be able to do so. The Dissent erroneously relies on a clearly distinguishable case where the purported private citizen (i.e., out-of-jurisdiction police officer) exceeded any citizen arrest authority by continuing with field sobriety testing of a stopped suspect in custody after local police had arrived and were standing by. In stark contrast, the pursuing police in this case were hardly "at the scene" when Parsons stopped the fleeing motorcyclist-they were still chasing and had yet to catch him. If the Legislature is inclined to limit the citizen's arrest authority to better conform to the demands, concerns, or preferences of modern law enforcement, it is certainly free to do so. In the meantime, we must simply construe § 46-6-502, MCA, as clearly and unequivocally written.
¶19 Trial courts have broad discretion in formulating jury instructions which we will affirm as long the instructions as a whole fully, correctly, and fairly instruct the jury on the applicable law. State v. Erickson ,
CONCLUSION
¶20 In contrast to an affirmative defense or assertion of immunity from criminal liability, Parsons's asserted authority and intent to make a citizen's arrest were factual considerations materially relevant on the record in *717this case to whether he acted in negligent, willful, or wanton disregard for the safety of others beyond a reasonable doubt as alleged by the State. We hold that the Municipal Court erroneously precluded evidence, jury instruction, and argument on Parsons's authority to make a citizen's arrest under § 46-6-502(1), MCA.
¶21 Reversed and remanded for a new trial.
We concur:
LAURIE McKINNON, J.
INGRID GUSTAFSON, J.
LUKE BERGER, J.
District Court Judge Luke Berger
Sitting for Justice Jim Rice
The City of Helena Municipal Court is a court of record as defined by § 3-6-101(1), MCA.
As distinct from criminal negligence, simple or ordinary negligence is the failure to use reasonable care under the circumstances (i.e., the degree of care that a reasonable and prudent person would use under similar circumstances) to avoid injury to persons or property. See Fisher v. Swift Transp. Co., Inc. ,
See also 4 William Blackstone, Commentaries *376 (private arrest authority at common law).
Nor has the State asserted that, but for § 46-5-502, MCA, law enforcement would have no authority to temporarily block a road to effect an arrest under these or similar circumstances.
Other than cursory assertion of a non-specific risk to public safety, the State cites no record evidence on appeal indicating that Parsons's conduct caused any scene-specific particularized risk to third-parties in the vicinity. If such evidence in fact exists, it is merely another factual matter for jury consideration in the totality of the circumstances.
While, as here, the authority and intent to make a citizen's arrest may be a relevant factual consideration, to the sufficiency of the State's proof of the essential elements of a charged offense in a particular case, we emphasize that nothing in our analysis or ultimate holding suggests that the authority to make a citizen's arrest provides or implies either a right to interfere or intervene in official law enforcement operations or immunity from criminal liability for independently defined criminal offenses such as, for example, obstructing a peace officer (§ 45-7-302, MCA ), obstructing justice (§ 45-7-303, MCA ), unlawful restraint (§ 45-5-301, MCA ), or kidnapping (§ 45-5-302, MCA ).
In so holding, and upon due consideration of the Municipal Court record, we summarily reject the State's additional assertion that Parsons procedurally waived his right to appeal the matters addressed herein by failing to sufficiently preserve them on the record below.
Dissenting Opinion
¶22 The Municipal Court properly excluded Parsons's requested jury instruction regarding § 46-6-502, MCA, because the statute has no application to the facts of this case. Read in its entirety, the plain language of the statute provided Parsons with no authority to inject himself into an active police pursuit by creating a roadblock. Parsons was allowed to challenge the mental state requirements of the charged offenses-as he did-by arguing that he thought he was assisting law enforcement and protecting the public. But he was not entitled to have ***96a jury instruction or to have the trial court take judicial notice of an inapplicable statute.
¶23 Statutory interpretation is a " 'holistic endeavor' and must account for the statute's text, language, structure, and object." State v. Heath ,
¶24 Section 46-6-502, MCA, provides:
(1) A private person may arrest another when there is probable cause to believe that the person is committing or has committed an offense and the existing circumstances require the person's immediate arrest. The private person may use reasonable force to detain the arrested person.
(2) A private person making an arrest shall immediately notify the nearest available law enforcement agency or peace officer and give custody of the person arrested to the officer or agency.
¶25 This Court has long required that these provisions be read together. See Kroeger v. Passmore ,
¶26 Section 46-6-402, MCA, further supports this conclusion. That section allows "[a] peace office making a lawful arrest" to "command the aid of persons 18 years of age or older." A person commanded to aid a peace officer under § 46-6-402, MCA, "has the same authority to arrest as that officer." Section 46-6-402(2)(a), MCA. Sections 46-6-402 and -502, MCA, together, allow citizens to make arrests when there is no peace officer present in limited circumstances, and to aid law ***97enforcement in making an arrest when "command[ed]" to assist. No statute authorizes a private citizen to choose to involve himself in an active law enforcement action. Such an interpretation invites additional *718risk, both to law enforcement and-as the facts of this case demonstrate-to the public. In an active pursuit situation when there is no request from law enforcement for a private citizen to intervene, a peace officer already is "at the scene," and § 46-6-502, MCA, thus does not authorize a private citizen to take any actions to secure the arrest of the suspect. Because § 46-6-502, MCA, has no application to the facts of this case, Parsons was not entitled to a jury instruction or to judicial notice of the statute.
¶27 I would affirm the trial court.
Chief Justice Mike McGrath and District Court Judge Yvonne Laird join in the dissenting Opinion of Justice Baker.
MIKE McGRATH, C.J.
YVONNE LAIRD, J.
District Court Judge Yvonne Laird, sitting for Justice James Jeremiah Shea
Reference
- Full Case Name
- CITY OF HELENA, and v. Ronald Scott PARSONS, and
- Status
- Published