People v. Berry

292 P.3d 954 · Colorado Court of Appeals · 2011

Facts

Shannon Dillon Berry, recently divorced, went to a hospital emergency room and told a nurse he would kill someone if released. A mental health evaluator then spoke with Berry, who stated he was thinking about hurting his ex-wife, her attorney, and the judge who presided over his divorce. The evaluator, concluding Berry was an imminent danger, did not inform Berry of her duty to report threats before he made these statements. She committed Berry on an emergency basis and contacted his ex-wife and the police to warn them. The police subsequently informed the judge of Berry's threats, leading to Berry's arrest.

Procedural history

Defendant Shannon Dillon Berry was convicted of retaliation against a judge in the district court. He appealed this judgment of conviction, contending that the district court had erroneously interpreted the pertinent statute. The case arrived before this court on appeal from that conviction.

Issue

Does the statute for retaliation against a judge, when a threat is made to a person required to report it, require proof that the defendant knew the reporting person was under such a duty to report to the judge?

Holding

Yes, the statute requires proof that the defendant knew the reporting person had a duty to report the threat to the judge. The court found the evidence insufficient to support Berry's conviction, thus reversing it.

Rule

The statute for retaliation against a judge, specifically section 18-8-615(1)(b)(II)(B), requires that the individual "knowingly" make the credible threat. Applying section 18-1-503(4), which states that a specified culpable mental state applies to every element of an offense unless intent to limit its application clearly appears, the court determined that the "knowingly" mens rea extends to the element of the reporting person's duty. Therefore, to be convicted under this provision, the defendant must have known that the person to whom the threat was communicated was under a duty to report it to the judge, ensuring the judge's awareness of the threat.

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