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Burge v. State

Evidence that inmate refused to return to his cell and threatened and fought with jail officer supported his convictions.

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Henry Burge appeals his convictions for obstruction of an officer and riot in a penal institution. He challenges the sufficiency of the evidence to support the jury’s verdict. After review of the record, we find the evidence was sufficient to support the verdict and we affirm Burge’s convictions.

Viewing the evidence in the light most favorable to the verdict, the jury was authorized to find that the following occurred. On April 2, 1998, Henry Burge was lawfully incarcerated at the Floyd County Jail. His uncle, Anthony Burge, was also an inmate in the same cell block. Anthony Burge became involved in an altercation with other inmates in a cell on the lower level of the cell block. After breaking up the fight, officers ordered Anthony Burge to go to his cell on the second level and gather his belongings because he was going to be removed to isolation. Before Anthony Burge left the second level, Henry Burge exited his cell on that level and angrily charged down the stairs. Sergeant Billy Null met him on the stairs and twice instructed him to go back to his cell. Burge refused to comply, and Null told him to go and gather his possessions, because he too was going to be placed in isolation. Burge then began yelling curses and threats at Null, pointing his finger in Null’s face and making fists. While Null was attempting to restrain him, Burge either “lunged at” or pushed Null. They fell down the stairs to the floor. On the floor, Burge began swinging at Null, and three officers pulled Burge off Null and wrestled with him before they were able to restrain him. Null suffered a broken finger in the encounter.

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