Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Hawkins v. State

Supreme Court of Mississippi

October 25, 2018

JULIAN HAWKINS a/k/a JULIAN MICHAEL HAWKINS
v.
STATE OF MISSISSIPPI

          DATE OF JUDGMENT: 06/13/2017

          FORREST COUNTY CIRCUIT COURT, HON. ROBERT B. HELFRICH JUDGE.

          TRIAL 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 T. HOLMES.

          ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: BILLY L. GORE.

          DISTRICT ATTORNEY: PATRICIA A. THOMAS BURCHELL.

          BEFORE KITCHENS, P.J., KING AND BEAM, JJ.

          KING, JUSTICE.

         ¶1. 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 proper statute.

         FACTS AND PROCEDURAL HISTORY

         ¶2. 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.

         ¶3. 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 16, 2016.

         ¶4. 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.

         ¶5. Hawkins was indicted for two counts of simple assault on "medical personnel" under Mississippi Code Section 97-3-7(1)(a)(iii) (Rev. 2014).[1] 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 ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.