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Justice argues majority opinion does not give clear guidance going forward

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The Indiana Supreme Court by a vote of 3-2 upheld a man’s Class B misdemeanor public intoxication conviction, with the dissenting justices concerned that the majority opinion “muddies the judicial water.”

Tin Thang was arrested in December 2012 on suspicion of public intox after an officer observed in him a gas station smelling of alcohol with bloodshot eyes. A car was in the station lot that was not there when the officer entered the gas station, and inside was only Thang, the officer and the attendant. The keys to the car were found on Thang and the car belonged to him.

Thang does not dispute that he was intoxicated in a public place, but he argued that there was insufficient evidence to prove beyond a reasonable doubt that he endangered himself or anyone else. The justices granted transfer to address whether the proof of the endangerment element outlined in the statute for Class B misdemeanor public intox can be established by reasonable inferences drawn from the evidence. The justices answered that in the affirmative.

The majority opinion, authored by Chief Justice Brent Dickson, rejected Thang’s argument that Moore v. State, 634 N.E. 2d 825 (Ind. Ct. App. 1994), prohibits a fact-finder from drawing an inference from circumstantial evidence that a defendant was not on a public street.

“In the present case, the undisputed evidence established the sudden presence of the defendant and his vehicle at a gas station, his intoxication, his possession of the car keys, and the absence of any other persons, thus necessitating removal of the car by towing. From these facts, it is a reasonable inference that the defendant had arrived at the gas station by driving his automobile on the public streets while intoxicated, thereby endangering his or another person’s life,” Dickson wrote in Tin Thang v. State of Indiana, 49S04-1402-CR-72.  

In his dissent, Justice Steven David agreed that reasonable inferences drawn from the evidence could lead a reasonable fact-finder to conclude that Thang drove his car to the gas station on a public street.

“But because I believe the relevant criminal statute requires the State to prove more than just this, and because I feel that it failed to do so, I cannot join the majority,” he wrote, keying in the words “thereby endangering his or another person’s life” written in I.C. 7.1-5-1-3(a). Justice Robert Rucker joined David’s dissent.

Thang arrived at the gas station somehow, but did he drive safely and obey the traffic laws, David questioned, or did he swerve across a fog line or nearly drive into a telephone pole?

“The decision today effectively vitiates the endangerment element from the public intoxication statute under these circumstances, as the State need no longer present any evidence beyond the fact of the defendant’s intoxicated driving of a vehicle. Thang v. State will be the guidepost that affirms all such convictions on sufficient review.”
 

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  1. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

  2. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  3. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

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  5. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

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