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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. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  2. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  3. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  4. A high ranking bureaucrat with Ind sup court is heading up an organization celebrating the formal N word!!! She must resign and denounce! http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  5. ND2019, don't try to confuse the Left with facts. Their ideologies trump facts, trump due process, trump court rules, even trump federal statutes. I hold the proof if interested. Facts matter only to those who are not on an agenda-first mission.

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