State v. L'Heureux4/23/2004
Following a bench trial in the District Court for Southern Carroll County (Varney, J.), the defendant, Laurent L'Heureux, was convicted of operating a motor vehicle with an alcohol concentration of .08 or more. See RSA 265:82, I(b) (Supp. 2003). On appeal, the defendant argues that the trial judge erred in finding, as a matter of law, that the defense of competing harms was unavailable to him. See RSA 627:3 (1996). We vacate and remand.
The following facts were adduced at trial. On July 4, 2002, the defendant and his domestic partner, Laurie Cameron, visited Mr. and Mrs. Robinson and their two children for the weekend at a cottage they had recently acquired on Lake Winnipesaukee in Moultonborough. Mr. Robinson explained to the defendant that he had received a "terrific deal" on the house, at least in part, because his neighbor was a "nasty person." The cottage was located in a neighborhood with many other houses, and the area was crowded for the holiday weekend. Another couple and their two children were also visiting the Robinsons.
Early in the evening, the defendant consumed an alcoholic strawberry daiquiri. Later, sometime between 7:30 and 8:30 p.m., the Robinsons served dinner. The defendant drank wine with his meal. During dinner, the Robinson's neighbor, whose house was approximately fifty feet away, appeared on her deck brandishing an automatic weapon on her shoulder. The defendant jumped out of his chair, and said, "Jesus, what is she gonna do with that?" Mr. Robinson also stood up, approached the neighbor, and said, "Hey, what are you gonna do with that, shoot me?" The neighbor responded, "No, but I'll shoot your goddamn dog." The neighbor then put the weapon by her side and walked back into her house.
The defendant, frightened for his safety and that of others at the house, insisted that someone call the police. To avoid further problems with his new neighbor, Mr. Robinson "got into [the defendant's] face" and refused to let the defendant use his house phone to report the incident to the police. After a conversation with his wife and the defendant, Mr. Robinson agreed to confront the neighbor and discuss the situation. He approached the neighbor's house and spoke to her husband. Fifteen or twenty minutes later, Mr. Robinson explained to the defendant that the husband reprimanded his wife for her actions.
Dissatisfied that the danger had subsided, the defendant went to his car to retrieve his cell phone to call 911. After the defendant had connected to a 911 operator, Mr. Robinson appeared, reached into the car, and yanked the cell phone away from the defendant. He then reentered his house with the phone. The defendant announced that he would not stay in the house, and asked Mr. Robinson to call for a taxi-cab so he could leave. Mr. Robinson made three attempts to call taxis, but each company was overbooked, and estimated it would take at least several hours to arrive.
The defendant, who was the least intoxicated of the group, took Cameron's keys and drove toward a nearby police station he had seen earlier. At approximately 11:00 p.m., as he was driving to the police station, the defendant noticed a police cruiser traveling in the opposite direction. The defendant flashed his lights to get the officer's attention, and the officer responded by turning around and pulling behind the defendant who had stopped in a nearby parking lot.
The officer approached the defendant's vehicle, and the defendant, still excited from the episode at the cottage, explained that he wanted to report a "gun incident." After hearing the defendant's description of the events, the officer called for backup, which was dispatched to the houses where the incident occurred. In talki
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