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State v. McCarthy

April 22, 2003

STATE OF MINNESOTA, RESPONDENT,
v.
MICHAEL MCCARTHY, APPELLANT.



Washington County District Court File No. T20125721

Considered and decided by Willis, Presiding Judge, Schumacher, Judge, and Anderson, Judge.

SYLLABUS BY THE COURT

One may be convicted of disorderly conduct when the evidence shows that the defendant's words and actions caused alarm and resentment in others.

The opinion of the court was delivered by: Robert H. Schumacher, Judge

Affirmed

OPINION

Appellant Michael McCarthy appeals his conviction of disorderly conduct, claiming the evidence presented at trial was insufficient to support the conviction. We affirm.

FACTS

McCarthy was attending his son's football game at Walton Park in the City of Oakdale on September 11, 2001. During the course of the game, McCarthy disputed a call by the referee. The referee approached McCarthy and told him that his comments needed to stop or he should leave. McCarthy became loud and boisterous and told the referee that he was not going to leave and placed his hands on the referee. The referee asked McCarthy three times to take his hands off him before he did so. The referee also told him"let's not get physical." The referee then pulled away and told McCarthy to leave or he was going to call the police. McCarthy refused to leave, and the referee called the police from his cell phone. During the incident, McCarthy called a female spectator an"ass----" as she walked in front of him. There were others present who were able to hear the comment.

Officer Sean Coffer was one of the officers called to the scene. He testified that several spectators approached him and said that McCarthy needed to be removed. He was told that McCarthy caused a disturbance, swore at spectators, and caused the game to be stopped and that they did not feel safe with McCarthy present.

McCarthy was asked to leave by the police and refused. He was then arrested and charged with disorderly conduct. A court trial was held, and McCarthy was convicted of disorderly conduct. This appeal followed.

ISSUE

Is the evidence that McCarthy used profane language toward spectators, placed his hands on a referee, and caused spectators to be alarmed and feel unsafe sufficient to ...


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