State v. Mitchell
State v. Mitchell
Opinion of the Court
Defendant was originally charged by warrants with disorderly conduct, larceny, injury to personal property, assault on a law enforcement officer and non-felonious engaging in a riot. In district court, defendant was found guilty of engaging in a riot, disorderly conduct and assault on a law enforcement officer. The remaining charges were dismissed. Defendant appealed his conviction as of right to Superior Court. Defendant was convicted in Superior Court of non-felonious engaging in a riot and sentenced to two years imprisonment.
The State’s evidence tended to show the following. On the evening of 3 November 1990, Mrs. Marilyn F. Thompson was managing a teen party at the Parkview Activity Center in Lumberton, North Carolina (hereinafter “Parkview”). Parkview is a public facility, owned and operated by the City of Lumberton. The admission price for the party was two dollars, paid upon entry. At around 10:00 p.m. Mrs. Thompson noticed that a large number of. people were congregating in the parking lot near the entrance to the building. Mrs. Thompson called the Lumberton City Police Department and requested assistance in dispersing the crowd.
Officers Peter Monteiro and Donald Ward were dispatched to Parkview. The officers arrived to find between one hundred and one hundred fifty young people in the parking lot of Parkview. Mrs. Thompson instructed the officers to tell the individuals outside to either leave the parking lot or come inside. In attempting to disperse the crowd, Officer Ward encountered the defendant and told him to either leave the premises or go inside. Defendant turned away and began talking with a friend. Officer Ward continued telling others to leave the grounds or go inside. In doing so, Officer Ward ran into defendant again and told him the same. Defendant responded this time by moving toward the entrance to Parkview. As he approached the entrance, he encountered Officer Monteiro,
At that point, the crowd inside began throwing coins and cans, cursing and threatening the officers with bodily harm. The crowd outside began kicking and hitting the glass doors to the entrance. Officer Ward jumped up on a table and attempted to calm the crowd. Defendant ran for the table knocking it down and sending Officer Ward, Officer Monteiro and defendant to the floor. The crowds rushed the officers, kicking them to the extent that both suffered personal injuries. Defendant fled the scene and turned himself in later that evening at the magistrate’s office.
At the close of the State’s evidence defendant moved to dismiss the warrant as being fatally defective and moved to. dismiss based on insufficiency of the evidence. The court denied both motions. Defendant then put on his own evidence.
Defendant testified that he was complying with the officers’ request that he go inside the dance when Officer Monteiro told him again to go inside. Defendant asked Officer Monteiro “why he was talking just to [him].’.’ After an exchange of words, defendant and a friend went inside the door, defendant looked back and said to Officer Monteiro, “F— you.” At that point, Officer Monteiro told defendant that he was under arrest and placed the handcuff
Defendant renewed his motions to dismiss at the close of all of the evidence and the court again denied his motions. The jury returned a verdict of guilty of non-felonious engaging in a riot and not guilty of assault on a police officer. From judgment and sentencing defendant appeals.
I.
Defendant assigns as error the trial court’s denial of his motion to dismiss at the close of all of the evidence based upon insufficiency of the evidence.
On a motion to dismiss the trial court must determine the sufficiency of the evidence. If the State offers substantial evidence of each essential element of the offense charged, the motion must be denied. Substantial evidence is “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” State v. Smith, 300 N.C. 71, 78-79, 265 S.E.2d 164, 169 (1980). In making its determination, the trial court may consider all of the evidence actually admitted, both competent and incompetent. State v. Robbins, 309 N.C. 771, 775, 309 S.E.2d 188, 190 (1983). The evidence is to be considered in the light most favorable to the State and the State is entitled to every reasonable inference to be drawn therefrom. Id.
N.C.. Gen. Stat. § 14-288.2(b) provides: “Any person who willfully engages in a riot is guilty of a misdemeanor.” Thus, in proving this offense, the State must show (1). that a riot occurred, and (2) that the defendant willfully engaged in the riot.
N.C. Gen. Stat. § 14-288.2(a) sets out the elements for a riot as follows: (1) Public disturbance; (2) Assemblage; (3) Three or more
Defendant next argues that, even if a riot did occur, the State produced insufficient evidence that he “willfully engaged in [that] riot” as required by the statute. The case law interpreting this statute is sparse, however, it is clear that “mere presence at the scene of a riot may not alone be sufficient to show participation in it.” Riddle, 45 N.C. App. at 37, 262 S.E.2d at 325 (citing State v. Brooks, 287 N.C. 392, 215 S.E.2d 111 (1975)). The statute does not define the word “engage,” therefore we must give it its “common and ordinary meaning.” In re Clayton-Marcus Co., 286 N.C. 215, 219, 210 S.E.2d 199, 202-03 (1974). Webster’s defines “engage” as “to employ or involve oneself; to take part: participate; to enter into conflict.” Webster’s Third New International Dictionary (1986). Thus, in using the phrase, “willfully engaged in,” we find that the legislature contemplated active participation by the defendant in the riotous activity.
The State’s evidence tended to show that defendant cursed at Officer Monteiro, pulled away from his grasp, contested the reasoning for his arrest and began swinging his head when handcuffed. Significantly, when the riotous activity began defendant ran into the table upon which Officer Ward was standing. Defendant then left the scene.
Defendant’s remaining assignment of error regarding the sufficiency of the warrant is without merit. As a result, we find no error in his conviction.
No error.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.