A man who refused to leave the side of a friend’s mother after she was hit while crossing the street in Indianapolis had his conviction of Class B misdemeanor public intoxication upheld by the Indiana Court of Appeals Wednesday. The court found sufficient evidence to sustain the conviction.
Josiah Williams visited several bars in downtown Indianapolis when he ran into his friend who was celebrating her 21st birthday. His friend’s mother, Michelle, came downtown to pick up her daughter and her friends, but was hit while crossing a downtown street. Williams and several others went to Michelle’s side.
When police tried to clear the street and large crowd that had gathered so emergency responders could get through, Williams refused and eventually had to be physically escorted to the sidewalk. Officers observed the smell of alcohol, bloodshot eyes and that Williams was unsteady on his feet. He was later charged with public intoxication and found guilty at a bench trial.
The state had to prove that Williams was in a public place or place of public resort on the street in a state of intoxication caused by his alcohol use and that he endangered his life or the life of another person; breached the peace; or harassed, annoyed or alarmed another person.
In Josiah Williams v. State of Indiana, 49A02-1211-CR-878, the Court of Appeals pointed out based on the record, the evidence shows Williams was on a public street, and that he was intoxicated. The trial court found the testimony of the officers more credible, and the Court of Appeals will not reweigh the evidence or judge witness credibility.