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Public intoxication conviction tossed for lack of proof of endangerment

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A man convicted of public intoxication after a police officer found him near the site where his car had come to a stop between the road and a drainage ditch was improperly convicted, the Indiana Court of Appeals held Monday.

David Sesay was convicted of Class B misdemeanor public intoxication in Marion Superior Court, but an appeals panel reversed, concluding that the state “failed to prove Sesay engaged in any conduct beyond intoxication that endangered his life.”

A little more than a year ago, an Indianapolis Metropolitan Police Department officer arrested Sesay after being dispatched to the southwest side of the city. The officer found Sesay shortly after 3 a.m. standing near the vehicle a few feet out of the roadway, covered in mud with alcohol on his breath and red or glassy bloodshot eyes. Sesay said his girlfriend had been driving the car, and she arrived on the scene a few minutes later.

But Sesay said the state failed to meet its burden that he endangered himself as is required under I.C. 7.1-5-1-3(a). The P.I. statute requires that a person endanger his or another person’s life; breaches the peace or is in imminent danger of breaching the peace; or harasses, annoys or alarms another person.

Sesay was convicted after a bench trial before Judge Linda Brown in which the officer was the sole witness.  Brown noted Sesay was staggering near a road, had vomited on himself and needed the officer’s assistance to be seated. “And so I think it can be inferred that he was endangering his life,” Brown said.

“Although there is no question that Sesay was in a public place and that he was intoxicated, the State failed to prove that he engaged in any additional conduct that endangered his life,” Judge Margret Rob wrote for the majority  joined by Judge Patricia Riley in David Sesay v. State of Indiana, 49A02-1305-CR-434. “Sesay’s conviction is, therefore, reversed.”

Judge Cale Bradford concurred with a separate opinion. He would reverse, but he wrote “to clarify that while I believe that the evidence presented at trial was sufficient to show that Sesay was endangered at the time of his arrest, I believe that Indiana Code section 7.1-5-1-3 requires a showing that the endangerment resulted from an affirmative act by Sesay and, in the instant matter, the evidence presented below was insufficient to make such a showing.”

 

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  1. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

  2. And so the therapeutic state is weaonized. How soon until those with ideologies opposing the elite are disarmed in the name of mental health? If it can start anywhere it can start in the hoosiers' slavishly politically correct capital city.

  3. So this firebrand GOP Gov was set free by a "unanimous Supreme Court" , a court which is divided, even bitterly, on every culture war issue. WHAT A RESOUNDING SLAP in the Virginia Court's face! How bad must it have been. And all the journalists, lap dogs of the status quo they are, can do is howl that others cannot be railroaded like McDonald now??? Cannot reflect upon the ruining of Winston and Julia's life and love? (Oh I forget, the fiction at this Ministry of Truth is that courts can never err, and when they do, and do greatly, as here, why then it must be ignored, since it does not compute.)

  4. My daughter is a addict and my grandson was taken by DCS and while in hospital for overdose my daughter was told to sign papers from DCS giving up her parental rights of my grandson to the biological father's mom and step-dad. These people are not the best to care for him and I was never called or even given the chance to take him, but my daughter had given me guardianship but we never went to court to finalize the papers. Please I have lost my daughter and I dont want to lose my grandson as well. I hope and look forward to speaking with you God Bless and Thank You for all of your help

  5. To Bob- Goooooood, I'm glad you feel that way! He's alive and happy and thriving and out and I'm his woman and we live in West Palm Beach Florida, where his parents have a sprawling estate on an exclusive golf course......scum bag

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