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State v. Jones4/14/2000
These appeals consider the felony offense of battery upon a peace officer. See NMSA 1978, § 30-22-24 (1971). This Court consolidated these cases on its own motion because they raise the common question of whether spitting, and in one case throwing urine, upon a peace officer is encompassed by this statute. To analyze this question we must determine the impact of the holding in State v. Padilla, 1997-NMSC-022, 2, 123 N.M. 216, 937 P.2d 492, on the statute and its corresponding uniform jury instruction. See UJI 14-2211 NMRA 2000. We determine that, depending upon context, a rational jury could find beyond a reasonable doubt that spitting or throwing urine upon a peace officer falls within the terms of the statute. We also hold that when the injury, threat to safety, or challenge to authority of a peace officer is in dispute, then upon request the jury must be instructed that the battery resulted in an "actual injury, actual threat to safety, or meaningful challenge to authority." Padilla, 1997-NMSC-022, 7. For the reasons that follow, we reverse both cases and remand for further proceedings.
BACKROUND
JASON JONES
Jason Jones yelled from his parked car at a cruising police officer. When the officer began to stop his car, Jones drove off, and for some time Jones refused to pull over. When he finally did, the officer arrested and handcuffed Jones for driving under the influence of liquor and placed him in the rear of a patrol car. During the trip to the police station, Jones' conduct vacillated between periods of calm followed by outbursts of anger. In one irate moment, Jones told the officer, "I'm going to pull something out of me and put it on you to kill all of your daughters." Then Jones leaned forward and spat on the officer, which caused phlegm to land on the side of the officer's face and shoulder.
The parties stipulated to these facts and asked the trial court to determine whether they supported a conviction as a matter of law under the battery upon a peace officer jury instruction, as amended to conform with Padilla, 1997-NMSC-022. The trial court found that these facts did not satisfy the elements of the crime under UJI 14-2211, and dismissed the charge against Jones. The State appeals the dismissal, requesting that the case be remanded and the indictment reinstated.
JOAQUIN CORDOVA
Joaquin Cordova violated detention center rules of the Roosevelt County Jail by attending breakfast while nude and then flooding the day room. For this behavior, Cordova was placed in solitary confinement. After a few days without a shower or the ability to flush his toilet, Cordova became agitated. One evening during a welfare check, when the corrections officer checked on the prisoner through the food tray slot in the cell door, Cordova spat on the officer. The officer quit performing the remaining welfare checks on Cordova's cell for the duration of his shift for fear of being spit on again.
The next morning another corrections officer served breakfast to Cordova. This officer heard Cordova scream and curse at him. As the officer left Cordova's cell, he heard a crash and returned to find Cordova's food tray splattered across the floor. When the officer began to clean up the mess, Cordova screamed that he had "something else" for the officer, and threw liquid on him contained in a "little white cup, like a meds cup." Cordova screamed that the liquid was urine. Thereafter, the officers subdued Cordova with pepper spray and placed him in hand and leg restraints. A jury convicted Cordova of two counts of battery upon a peace officer. Cordova appeals, arguing that the trial court erred in refusing to give his
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