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State v. Stone5/12/2000
Defendant Pamela Stone was convicted by a Caledonia District court jury of hindering a police officer, in violation of 13 V.S.A. § 3001. Defendant appeals on the grounds that the evidence presented at trial was insufficient to support her conviction. We agree and reverse.
On September 19, 1998, a Vermont State Police officer received information that John Stone had failed to return from furlough and had been placed on escape status by the Vermont Department of Corrections. The officer had dealt with Mr. Stone before, knew where Stone lived, and drove his marked cruiser to Stone's home in St. Johnsbury. Finding no one at home, the officer left around 8:00 p.m. While on the road only minutes later, the officer came up behind a car he recognized as that of defendant Pamela Stone, Mr. Stone's wife. He followed the car as it pulled into the parking lot of a gas station in Lyndonville and proceeded into a dimly-lit section of the parking lot behind the station. The officer stopped and approached the car, determining with his flashlight that the car was occupied by defendant in the driver's seat, John Stone in the front passenger's seat and an unknown male in the back seat. He also saw alcohol containers on the rear floor.
As the officer neared the driver's window, defendant asked if there was a problem. The officer replied that Mr. Stone was on escape status and directed the occupants of the vehicle to remain in it and to place their hands where they could be seen. Defendant complied with this order by putting her hands on the steering wheel and remaining in her seat.
Mr. Stone, however, did not comply. Instead, he began to yell and swear, generally acting out of control. The officer moved to the passenger side of the vehicle, repeatedly telling Mr. Stone that he was under arrest and to exit the car. Mr. Stone refused to comply, continuing his verbal torrent and locking his door. When the officer determined he could not enter, and after warning Mr. Stone of the consequences of noncompliance, he smashed the passenger window with his flashlight to gain access to the door lock.
When the officer shattered the window, defendant immediately got out of the car and walked towards the rear of the vehicle in a quick and determined manner. She was carrying an object that turned out to be her purse. The officer ordered her to return to the driver's seat, but she did not comply and continued walking. The officer then left the passenger side of the car and confronted defendant along the driver's side. He repeatedly ordered defendant to get back in the car until he had apprehended Mr. Stone, but she refused to comply and attempted to go either around or through the officer. After warning her, the officer then told defendant that she was under arrest, and he reached down to grab her wrist to handcuff her. That caused an altercation between the officer and Mr. Stone, who left the vehicle to come to the aid of his wife. A back-up officer arrived and took custody of defendant while the original officer arrested Mr. Stone.
Defendant was charged with and convicted by a jury of hindering the officer's arrest of Mr. Stone in violation of 13 V.S.A. § 3001. That statute provides that " person who hinders an executive, judicial, law enforcement, civil or military officer acting under the authority of this state or any subdivision thereof shall be imprisoned not more than three years or fined not more than $500.00, or both."
Defendant moved for a judgment of acquittal pursuant to V.R.Cr.P. 29(a), both at the close of the State's case and at the close of the evidence, arguing that the evidence was insufficient to sustain a conviction for hindering the officer's arrest o
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