OF JUDGMENT: 06/13/2017
FORREST COUNTY CIRCUIT COURT, HON. ROBERT B. HELFRICH JUDGE.
COURT ATTORNEYS: ALEXANDER IGNATIEV JACK LUCIAN DENTON
DECARLO CHAS HOOD.
ATTORNEYS FOR APPELLANT: FORREST COUNTY CIRCUIT COURT OFFICE
OF THE STATE PUBLIC DEFENDER BY: HUNTER NOLAN AIKENS GEORGE
ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY:
BILLY L. GORE.
DISTRICT ATTORNEY: PATRICIA A. THOMAS BURCHELL.
KITCHENS, P.J., KING AND BEAM, JJ.
Julian Hawkins was transferred from the Forrest General
Hospital Emergency Room, where he was acting erratically and
unusually, to Pine Grove Behavioral Health Center. At Pine
Grove, Hawkins attacked a nurse and struggled against those
who were thereafter holding him down. He was charged with two
counts of simple assault on "medical personnel."
The jury convicted him on one of those charges, and acquitted
him on the second. Hawkins appeals, centering his argument
around alleged ineffective assistance of trial counsel.
Because this issue cannot be determined from only the facts
contained in the record before this Court, this Court affirms
Hawkins's conviction, and we allow him the opportunity,
if he wishes, to raise the issue in a petition for
post-conviction relief. However, because Hawkins was not
properly indicted for the crime for which he was sentenced,
we vacate his sentence and remand for resentencing under the
AND PROCEDURAL HISTORY
In the fall of 2016, Julian Hawkins traveled from Ann Arbor,
Michigan, to Lumberton, Mississippi, to visit his father,
Calvin Hart. Hawkins is a Navy veteran, and his youngest
brother had recently been killed; Hawkins was "going
through issues." During his stay with Hart, Hawkins
would talk to himself, knock on the wall, and "act
out." On November 15, 2016, Hawkins went to spend the
night with his grandfather. Hawkins's grandfather called
Hart early in the morning of November 16, 2016, and reported
that Hawkins was at the neighbors' house in his underwear
banging on their door. Hart called an ambulance, and the
ambulance took Hawkins to Forrest General Hospital (Forrest
General) in Hattiesburg, where he was admitted to the
Emergency Room (ER) at 6:53 a.m.
While in the ER, Hawkins displayed erratic and violent
behavior. The ER performed a comprehensive drug test, and the
only drug that came back positive was cannabinoids, or
marijuana. Hawkins tried to leave several times; he attempted
to drive away in an ambulance and he attempted to obtain the
keys to a police vehicle. When asked why he left, Hawkins
responded that "I was going to find the police. Its
[sic] a code red situation and yall [sic] needed blood."
The licensed professional counselor (LPC) who saw Hawkins at
approximately 9:30 a.m. noted that he was confused, had
delusions, and was paranoid, stating that Hawkins "was
just talking randomly and making no sense, believes that the
government is coming to get his father and him." She
also noted that he was disoriented and that he was
"Psychotic/Paranoid." The LPC noted the positive
marijuana test, but ultimately gave a provisional diagnosis
of "unspecified mood disorder." The ER ultimately
gave Hawkins the drugs Geodon and Ativan via injection to
sedate him and then put Hawkins on a psychiatric hold. For
some time after receiving the medicine, Hawkins was resting
comfortably. However, at approximately 4:15 p.m., Hawkins
attempted to leave again, but was brought back by
"public safety" since he was under a psychiatric
hold. Later, he threatened to throw a cup of urine on an ER
tech if the ER tech came in Hawkins's room. The ER doctor
ultimately diagnosed Hawkins with "substance induced
psychosis" and sent him to Pine Grove Behavioral Health
Center (Pine Grove) at approximately 5:30 p.m. on November
Hawkins arrived at Pine Grove, and at around 6:20 p.m., he
jumped over a barrier to the nurse's station, wrapped a
towel around the neck of nurse Holly Bounds, and began
choking her. Bounds testified that she believed that Hawkins
was trying to kill her. Several Pine Grove employees quickly
tackled Hawkins to the ground and held him there for
approximately ten minutes until police arrived. Hawkins
continued to struggle, despite the fact that, at some point,
about eight employees were on top of him holding him down.
During this struggle, Hawkins twice bit nurse Illa Mills as
she was attempting to prevent him from biting the employee
who was the primary person holding Hawkins down. Mills
testified that she was concerned about the transmission of
diseases from the bites.
Hawkins was indicted for two counts of simple assault on
"medical personnel" under Mississippi Code Section
97-3-7(1)(a)(iii) (Rev. 2014). It charged that Hawkins did
"unlawfully, feloniously and willfully attempt by
physical menace to put" each of the nurses "in fear
of serious bodily harm" while ...