MARK MATTHEWS A/K/A MARK DAVID MATHEWS A/K/A MARK D. MATHEWS A/K/A MARK DAVID MATTHEWS A/K/A MARK MATHEWS, APPELLANT
CITY OF MADISON, MISSISSIPPI, APPELLEE
As Corrected September 20, 2013.
COURT FROM WHICH APPEALED MADISON COUNTY CIRCUIT COURT. DATE OF JUDGMENT: 08/29/2012. TRIAL JUDGE: HON. JOHN HUEY EMFINGER. TRIAL COURT CONVICTED OF COUNT I, SIMPLE ASSAULT, AND SENTENCED TO 180 DAYS, WITH THIRTY DAYS TO SERVE AND 150 DAYS SUSPENDED FOR TWO YEARS, AND TO PAY A FINE OF $190; AND COUNT II, DISORDERLY CONDUCT, AND SENTENCED TO 180 DAYS, WITH FIVE DAYS TO SERVE AND 175 DAYS SUSPENDED FOR TWO YEARS, AND TO PAY A FINE OF $160, WITH THE SENTENCES IN COUNTS I AND II TO RUN CONSECUTIVELY, ALL IN THE CUSTODY OF THE SHERIFF OF MADISON COUNTY, MISSISSIPPI.
FOR APPELLANT: CHRIS N. K. GANNER.
FOR APPELLEE: JOHN HEDGLIN.
BEFORE LEE, C.J., ROBERTS AND CARLTON, JJ. GRIFFIS, P.J., ISHEE, ROBERTS, CARLTON AND FAIR, JJ., CONCUR. BARNES AND MAXWELL, JJ., CONCUR IN PART AND IN THE RESULT. IRVING, P.J., AND JAMES, J., CONCUR IN PART AND DISSENT IN PART.
NATURE OF THE CASE: CRIMINAL - FELONY
¶1. This appeal arises from Mark Matthews's convictions of simple assault and disorderly conduct in Madison County Municipal Court. Matthews appealed to the County Court of Madison County. After a bench trial de novo, Matthews was again convicted of simple assault and disorderly conduct. He then appealed to the Madison County Circuit Court, which affirmed the conviction. This appeal followed.
FACTS AND PROCEDURAL HISTORY
¶2. Matthews and Brittany Sullivan had a daughter, Macy Kate, in 2008. Because they were not married, custody arrangements were established by a final judgment of filiation and support filed in Madison County Chancery Court, granting joint legal and physical custody to both parents. The custody agreement provided that Matthews had custody of Macy Kate on Wednesday nights and was to return her " the next morning at 7:30 a.m. or such time [that accommodated] both [parents'] travel to work."
¶3. On the morning of Thursday, May 26, 2011, Matthews arrived at Brittany's residence, which was also the residence of her mother, Pam Sullivan, to drop off Macy Kate. Matthews parked his vehicle at the curb, because he was required to park on the street and stay off the Sullivans' property as a result of a trespassing conviction from a year earlier. Pam exited the house, and Matthews asked Pam where Brittany was. Pam testified that she told him that Brittany had spent the night at her grandparents' house. Pam walked to the rear passenger door of the vehicle and opened it to unbuckle Macy Kate from her car seat. Matthews, who had exited the vehicle, slammed the door on Pam, pinning her in the door. After a struggle, Pam freed herself from the door, removed Macy Kate, and walked onto her property, where Matthews was not allowed to go.
¶4. Pam called Madison Police Officer Mike Brown, who lived across the street. Matthews called the Madison police and reported that there had been domestic violence. Officer Brown arrived to the Sullivans' property, and shortly thereafter, Madison Police Officer Ryan Wigley arrived. Officer Wigley approached Pam to begin his investigation; then, Matthews approached Officers Brown and Wigley and Pam. Officer Wigley ordered Matthews to return to his vehicle. While returning to his vehicle, Matthews began making a phone call on his cell phone. Officer Wigley ordered Matthews to not use his phone. Matthews responded that Officer Wigley could not prevent him from using his phone. Officer Wigley testified that he instructed Matthews not to use his cell phone as a safety precaution, as he did not know who Matthews was calling or why Matthews was making the phone call. As a result of Matthews's refusal to stop using his cell phone, Officer Wigley arrested him for disorderly conduct.
¶5. Pam filed an affidavit against Matthews for assault. Matthews was convicted of simple assault and disorderly conduct in ...