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Adcock v. State

A defendant's belief that officers and tow truck drivers were stealing his vehicles, which violated municipal code, was not a reasonable belief justifying the defendant's use of force.

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John T. Adcock was convicted of criminal attempt to commit murder, two counts of aggravated assault on a peace officer, four counts of aggravated assault, aggravated battery, three counts of criminal damage to property, and possession of a firearm during the commission of a crime. He appeals the denial of his motion for new trial, arguing that the trial court erred by failing to charge the jury on justification and by failing to conduct a pre-trial hearing on his claim of immunity. Because no evidence supported a justification charge and because the trial court’s failure to conduct an evidentiary hearing before ruling on the claim of immunity was not reversible error, we affirm Adcock’s convictions.

In April 2008, Beau Weathers, a civilian code enforcement officer, notified Adcock that his property was in violation of the municipal code. Weathers gave Adcock 15 days to correct the violations by cleaning up his property and by bringing his vehicles into compliance with the code. He told Adcock that he would return in 15 days with tow trucks. Adcock replied that Weathers was not going to tow the vehicles.

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