from the Clark Circuit Court The Honorable Joseph P. Weber,
Judge Trial Court Cause No. 10C03-1605-CM-1130
ATTORNEY FOR APPELLANT Justin B. Mills Mills Law Office
ATTORNEYS FOR APPELLEE Curtis T. Hill, Jr. Attorney General
of Indiana Caryn N. Szyper Deputy Attorney General
of the Case
Alan Ruiz ("Ruiz") appeals his conviction,
following a bench trial, for Class B misdemeanor public
intoxication. Ruiz argues that there was insufficient
evidence to support his conviction. Because the evidence and
reasonable inferences show that Ruiz was intoxicated in a
public place and in imminent danger of breaching the peace,
we affirm his conviction.
sufficient evidence supports Ruiz's conviction.
The facts most favorable to the judgment reveal that, during
the morning hours of May 6, 2016, Ruiz and some friends, who
all lived in the King Solomon apartments ("the
apartments") in Clark County, were drinking alcohol
while sitting at some picnic tables at a Rally's
restaurant that was adjacent to the apartments. That day,
within a two-hour window of time, officers from the Jefferson
Police Department were dispatched to the apartments on three
separate occasions for complaints regarding Ruiz.
The first dispatch occurred at 1:17 p.m. and the complaint
was that the "subject was yelling racial slurs at the
caller" and "drinking vodka in the grass area at
Rally's." (Tr. Vol. 2 at 31). The responding
officers told Ruiz that he was "not allowed to be
outside" and instructed him to go to and remain in his
apartment. (Tr. Vol. 2 at 27).
The second dispatch call occurred, twenty-two minutes later,
at 1:39 p.m. The complaint for this second call was that an
"intoxicated subject" was in the hallway
"causing a disturbance[.]" (Tr. Vol. 2 at 31). The
responding officers "advised [Ruiz] to stay in his
apartment" and warned him that "if they received
another call that he would be incarcerated." (Tr. Vol. 2
The third dispatch call occurred two hours later, at
approximately 3:40 p.m., and this dispatch call was based on
a complaint that an "intoxicated male subject" had
been "creating a disturbance with some residents nearby
there." (Tr. Vol. 2 at 9). Officer Alyssa Wright
("Officer Wright"), who responded to the call, was
aware that this was the third dispatch to the apartment
complex for complaints about Ruiz. Officer Wright had been
given a specific description of the suspect and was informed
that he was walking in a grassy area near the apartments and
the Rally's restaurant.
When Officer Wright arrived at the scene, she saw Ruiz
walking in the grass near the Rally's and noticed that he
was "swaying back and forth" and having "a lot
of trouble keeping his balance." (Tr. Vol. 2 at 10). A
few of the apartment residents, who were approximately two
hundred feet away from Ruiz, pointed toward Ruiz and yelled
to inform the officer that "that was the guy[, ]"
who had "yell[ed] obscene things in their direction and
to them." (Tr. Vol. 2 at 13). In response to the
residents' pointing, Ruiz "start[ed] yelling at
them." (Tr. Vol. 2 at 14).
When Officer Wright approached Ruiz to speak to him, she saw
that he had "extremely red, glassy . . . blood shot
eyes" and noticed that his "speech was extremely
slow and slurred." (Tr. Vol. 2 at 10). She also noticed
that Ruiz smelled of an alcoholic beverage and that he had a
pint-sized bottle of vodka in his jeans pocket. Officer
Wright gave Ruiz a portable breath test. Ruiz initially
refused to give the officer his name. He was
"furious" and had a "little attitude"
with her. (Tr. Vol. 2 at 28, 29). Based on Ruiz's
intoxication and the circumstances, including the "first
shift officers having gone out on ...