STATE OF CONNECTICUT
v.
MADALENA SILVA
(SC 17638)
Rogers, C. J., and Norcott, Vertefeuille,
Zarella and Schaller, Js.
February 12, 2008
‘‘Did
the Appellate Court properly conclude that there
was insufficient evidence to support the
defendant’s conviction on two counts of
interfering with an officer in violation of . .
. § 53a-167a?’’
State v. Silva, 277 Conn. 931, 896
A.2d 103 (2006). We now conclude that the
Appellate Court’s determination that the
evidence was insufficient to support the
defendant’s conviction was improper, and,
accordingly,
we
reverse its judgment.
The officers told the defendant that they were
going to issue an infraction ticket for unsafe
backing and no front license plate. At that
time, the officers asked the defendant for her
driver’s license, automobile registration and
insurance card. She asked to be let alone. To
the officers’ . . . request, she replied, ‘You
Bridgeport cops are all the f__king same. To
protect and serve? Yeah right, my ass.’ When the
officers repeated their request, she stated,
‘F__k you. I ain’t giving you s__t, asshole. I’m
taking my brother to the hospital, and you are
not f__king stopping me.’ She was loud and
belligerent, stamping her foot, and a crowd of
twenty-five to thirty people gathered. At that
time, the officers did not issue the infraction
ticket because the defendant became very loud
and angry when asked for her registration. At
some unknown time, however, the officers did
issue an infraction ticket.
‘‘Ferri and Sherback decided to arrest the
defendant for breach of the peace and
interfering with an officer after her
belligerent responses to their requests. The
defendant’s mother, who [also] was present [at
the scene] with the defendant’s father,
[interrupted] the officers’ investigation by
stating that her daughter had done nothing
wrong. Because of this [interruption], the
defendant was not [immediately] arrested. At
that time, as the officers tried to talk to the
defendant’s mother, the defendant immediately
ran into the street, entered a vehicle and drove
away, leaving her automobile in the parking lot.
Ferri had told the defendant not to leave the
scene and then asked the defendant’s mother to
use her cellular telephone to call the
defendant. The defendant’s mother explained to
the officer that the defendant was bringing her
brother to a hospital. After speaking with the
defendant [on the cellular telephone], her
mother told the officers that the defendant
would return after she went to the hospital.
‘‘The officers waited for one-half hour and
conferred with their supervisor, Sergeant
Stephen Lougal, whom they called to explain that
they intended to arrest the defendant. They also
wanted Lougal to speak to the defendant’s mother
about the mother’s complaint that her son had
not received medical assistance.
The officers
then went to the nearer of the two hospitals in
Bridgeport. They located the defendant at the
emergency room and arrested her for breach of
the peace and interfering with an officer.4
When the officers approached her, the defendant
stated to them, ‘Not you assholes again,’ and
told her friend the officers were coming for
her.’’ State v. Silva, supra, 93
Conn. App. 352–54.
‘‘The state charged the defendant in an amended
information with two counts of interfering with
a[n] . . . officer and two counts of breach of
the peace [in the second degree]. The first
count of interfere[ing] with a[n] . . . officer
charged that the defendant did so ‘by saying to
[the officer] when requested to produce [her]
license, registration and insurance information
during a motor vehicle stop, ‘‘F__k you. I ain’t
giving you s__t, asshole . . . .’’’ The second
count charged the defendant with interfering
with an officer ‘by running from [the officer]
and fleeing on foot across North Avenue and
entering the driver’s side of an unidentified
green vehicle which left the scene at a high
rate of speed, after being instructed by [the
officer] not to leave the scene . . . .’ ’’ Id.,
351.
Citing
State v. Williams, 205 Conn. 456,
473–74, 534 A.2d 230 (1987), the Appellate Court
noted that a defendant must engage in physical
conduct or ‘‘fighting words’’ in order to
violate § 53a-167a and determined that the
defendant’s verbal insults and use of profanity
did not constitute fighting words under the
facts of the present case. State v.
Silva, supra, 93 Conn. App. 354–55.
The Appellate
Court further
concluded that ‘‘[t]he failure to turn over the
[defendant’s license, registration and insurance
information] alone could not support a
conviction [of § 53a-167a] because the
legislature penalized that conduct itself as an
infraction under General Statutes § 14-217.’’5
Id., 355.
The Appellate
Court further concluded that the evidence
was insufficient to support the defendant’s
conviction of interfering with an officer in
violation of § 53a- 167a for leaving the scene
of the accident in order to bring her injured
brother to the hospital. Id., 359–60. In doing
so, the Appellate Court concluded that ‘‘the
defendant’s conduct in openly going to a
hospital and leaving her mother and her
automobile behind with the police are
circumstances that render evidence of the
defendant’s conduct insufficient to support a
reasonable finding that the defendant
intentionally sought to delay the officer’s
efforts to issue her an infraction ticket.’’
Id., 360.6
Furthermore, [i]n [our] process of review, it
does not diminish the probative force of the
evidence that it consists, in whole or in part,
of evidence that is circumstantial rather than
direct. . . . It is not one fact, but the
cumulative impact of a multitude of facts which
establishes guilt in a case involving
substantial circumstantial evidence. . . .
Indeed, direct evidence of the accused’s state
of mind is rarely available. . . . Therefore,
intent is often inferred from conduct . . . and
from the cumulative effect of the circumstantial
evidence and the rational inferences drawn
therefrom. . . . [A]ny such inference cannot be
based on possibilities, surmise or conjecture. .
. . It is axiomatic, therefore, that [a]ny
[inference] drawn must be rational and founded
upon the evidence.’’ (Internal quotation marks
omitted.)
State v.
Aloi,
280 Conn. 824, 842–43, 911 A.2d 1086 (2007).
The state first claims that,
pursuant to
Aloi, the evidence was sufficient to support
the defendant’s conviction of the first count of
interfering with an officer for refusing to
provide her identification and motor vehicle
documents.
We agree with
the state, and conclude that Aloi
controls our disposition of the first count
in the present case.
In State v. Aloi, supra, 280
Conn.
826, the defendant was convicted of interfering
with an officer in violation of § 53a-167a for
refusing
to provide his identification
to a police officer who was investigating
possible criminal activity pursuant to Terry
v.
Ohio,
392 U.S. 1, 88 S. Ct. 1868, 20 L. Ed. 2d 889
(1968).
In examining the language of the statute, we
acknowledged that, ‘‘§ 53a-167a defines
interfering to
include obstruction, resistance, hindrance or
endangerment. . . . Those words .
. .have a broad scope. By using those words it
is apparent that
the legislature
intended to prohibit any act which would amount
to meddling in or hampering the activities of
the police in the performance of their duties..
. . Because a
refusal to provide identification in connection
with a Terry stop may hamper or impede a
police investigation into apparent criminal
activity, we see no reason why such conduct
would be categorically excluded under the
expansive language of § 53a-167a.’’
(Citations omitted; emphasis in original;
internal quotation marks omitted.) State
v. Aloi, supra, 832–33. We further
determined that the evidence adduced at trial
was sufficient to establish that the
defendant’s
refusal to identify himself to the police
hindered the police in their investigation of
possible criminal activity, i.e., an alleged
trespass. Specifically, the evidence
established that the police had received a
complaint of a specific named individual
trespassing on private property and that when
they responded to the complaint, the police
observed two individuals at the scene. On the
basis of that complaint, we found that
‘‘obtaining the identity of those individuals
was a logical and necessary step in the police
investigation of the complaint.’’ Id., 843. We
further reasoned that ‘‘[a]lthough
the police eventually ascertained the identity
of the defendant, his refusal to comply with the
[officer’s] request for identification. . .
impeded the police to some appreciable degree.’’
Id., 843–44. Accordingly, we concluded that the
evidence was sufficient to support the
defendant’s conviction of interfering with an
officer in violation of § 53a-167a. Id., 844
…we conclude that the jury reasonably could
have found that the
defendant’s
conduct impeded the officers in the performance
of their duties….interfering with an
officer in violation of § 53a-167a for
refusing to provide her driver’s license and
other motor vehicle documents to the officers.
The defendant claims that evidence
demonstrating that she refused to provide her
driver’s license and other motor vehicle
documents to the officers is insufficient to
support a conviction of interfering with an
officer in violation of § 53a-167a because such
conduct is prohibited by § 14-217, which
provides that refusal to provide identification
to a police officer when requested is an
infraction. We rejected this same reasoning in
Aloi. Id., 833.
In
State v. Aloi, 86 Conn. App. 363,
370, 861 A.2d 1180 (2004), the Appellate
Court had reversed the defendant’s conviction
concluding that his failure to provide
identification to a police officer was not
sufficient to support a conviction of
interfering with an officer in
violation of § 53a-167a. In doing so, the
Appellate Court reasoned that because § 14-217
makes it an infraction for a motor vehicle
operator to refuse to provide identification to
a police officer when requested, the legislature
must not have intended § 53a-167a to encompass
such refusal. Id., 370–71. We disagreed with the
reason ing of the Appellate Court, and concluded
that §§ 53a-167a and 14-217 ‘‘address
appreciably different concerns in significantly
different ways . . . .’’ State v. Aloi,
supra, 280 Conn. 836.
‘‘Furthermore, the broad language of § 53a-167a
reflects a recognition by the legislature that,
because police
officers are confronted daily with a wide array
of diverse and challenging scenarios, it would
be impractical, if not impossible, to craft a
statute that describes with precision exactly
what obstructive conduct is proscribed.
In other words, § 53a-167a necessarily was
drafted expansively to encompass a wide range of
conduct that may be deemed to impede or hinder a
police officer in the discharge of his or her
official duties. Because § 53a-167a reflects the
intent of the legislature to
establish a
broad proscription against conduct that intrudes
upon the ability of a police
officer to perform his or her duties,
we are
unwilling to conclude that the legislature did
not intend for § 53a- 167a to cover a refusal to
provide identification—regardless
of the extent to which such a refusal actually
may hinder or obstruct the police in any
particular set of circumstances—merely because §
53a-167a does not expressly refer to that
conduct.’’
Id.,
837.
The officers decided to arrest the defendant for
breach of the peace and interfering with an
officer for her refusal to provide her
identification and motor vehicle information to
the officers. See State v. Silva,
supra, 93 Conn. App. 353.
In examining the defendant’s claim, we are
mindful that, ‘‘[i]n reviewing a sufficiency of
the evidence claim . . . we do not ask whether
there is a reasonable view of the evidence that
would support a
reasonable hypothesis of innocence. We
ask, instead, whether there is a reasonable view
of the evidence that supports the jury’s verdict
of guilty.’’ (Internal quotation marks omitted.)
State v. Aloi, supra, 280 Conn.
842.
As we have explained previously in this
opinion, ‘‘§ 53a-167a defines interfering to
include obstruction, resistance, hindrance
or endangerment. . . . Those words . . . have a
broad scope.
By using those words it is apparent that the
legislature
intended to prohibit
any act which would amount to meddling in or
hampering the activities of the police in the
performance of their duties. . . .
The
[defendant’s] act, however, does
not have to be wholly or partially successful .
. . [nor must it] be such as to defeat or delay
the performance of a duty in which the officer
is then engaged. The purpose of the statute,
which had its origin in the common law, is to
enforce orderly behavior in the important
mission of preserving the peace; and any act
that is intended to thwart that purpose is
violative of the statute.’’
(Citation omitted; emphasis in original;
internal quotation marks omitted.) Id., 832–33.
It is well established that the
question of
intent is purely a question of fact. ‘‘Intent
is generally proven by circumstantial evidence
because direct evidence of the accused’s state
of mind is rarely available. . . . Therefore,
intent is often inferred from conduct . . . and
from the cumulative effect of the circumstantial
evidence and the rational inferences drawn
therefrom. . . . Intent is a question of
fact, the determination of which should stand
unless the conclusion drawn by the trier is an
unreasonable one.’’ (Internal quotation marks
omitted.) State v. Robertson, 254
Conn.
739, 784, 760 A.2d 82 (2000).
As a result of the defendant’s conduct,
therefore, the officers were unable to effect
her arrest for breach of the peace and
interfering with an officer at the scene.
The evidence further established that the
officers specifically had instructed the
defendant to remain at the scene, an instruction
that she ignored. On the basis of this evidence,
we conclude that the jury reasonably could have
determined that the defendant intended to hinder
and obstruct the police in the performance of
their duties by leaving the accident scene and
violating the officers’ direction to remain.
Case
Foot Notes:
1 General Statutes (Rev. to 2003)
§
53a-167a provides: ‘‘(a) A person is
guilty of interfering with an officer when such
person obstructs, resists, hinders or endangers
any peace officer or firefighter in the
performance of such peace officer’s or
firefighter’s duties.‘‘(b) Interfering with an
officer is a class A misdemeanor.’’
2
On appeal to the Appellate Court, the defendant
also claimed that the trial court improperly
instructed the jury as to
consciousness
of guilt. See
State
v. Silva, 93 Conn. App. 349, 351, 889
A.2d 834 (2006). Because the Appellate Court
reversed the judgment of the trial court and
remanded the case with direction to render
judgment of not guilty, the Appellate Court did
not reach the jury instruction claim.
Id.,
361 n.9. The defendant did not
brief this issue on appeal to this court.
Accordingly,
we
remand this case to the Appellate Court with
direction to consider the defendant’s claim
regarding the jury instruction.
5 General Statutes
§ 14-217
provides: ‘‘No person who is operating or in
charge of any motor vehicle, when requested by
any officer in uniform, by an agent authorized
by the commissioner [of motor vehicles] who
presents appropriate credentials or, in the
event of any accident in which the car he is
operating or in charge of is concerned, when
requested by any other person, may refuse to
give his name and address or the name and
address of the owner of the motor vehicle or
give a false name or address, or refuse, on
demand of such officer, agent or other person,
to produce his motor vehicle registration
certificate, operator’s license and any
automobile insurance identification card for the
vehicle issued pursuant to section 38a-364 or to
permit such officer, agent or such other person
to take the operator’s license, registration
certificate and any such insurance
identification card in hand for the purpose of
examination, or refuse, on demand of such
officer, agent or such other person, to sign his
name in the presence of such officer, agent or
such other person. No person may refuse to
surrender his license to operate motor vehicles
or the certificate of registration of any motor
vehicle operated or owned by him or such
insurance identification card or the number
plates furnished by the commissioner for such
motor vehicle on demand of the commissioner or
fail to produce his license when requested by a
court. Violation of any provision of this
section shall be an infraction.’’
State
v. Silva, 93 Conn. App. 349, 360–61, 889
A.2d 834 (2006). Reversed
State
v. Silva, 277 Conn. 931, 896 A.2d 103
(2006).. Reversed