February 27, 2009

Judge reverses Overfield decision

By TRAVIS COLEMAN
Tribune Staff Writer

A woman originally found guilty of disturbing a June 2007 City Commission meeting and socking a plain-clothed Great Falls police detective in the groin has had her convictions reversed by a District Court judge.

According to court documents, District Court Judge Julie Macek ruled Tuesday that Susan Overfield of Vaughn did not disturb the peace during a City Commission meeting on June 19, 2007. Macek also ruled that Overfield was allowed to defend herself against Detective Art Schalin because she reasonably believed he was an unfamiliar man when he grabbed her arm to escort her out of the meeting.

During that meeting, Mayor Dona Stebbins ordered Overfield removed from the Commission Chambers podium after she exceeded a three-minute speaking limit during the public comment portion of the meeting. Overfield was criticizing city officials, including Stebbins, regarding the city animal shelter, when her speech was halted.

Overfield was sentenced to five days of house arrest and more than $700 in fines after a six-person jury convicted her of misdemeanor disorderly conduct and assault in March.

Overfield appealed last fall on the grounds that she was exercising her First Amendment rights at the public meeting, that she was justified in defending herself, that Schalin violated a law requiring him to identify himself to Overfield and that the court erred in its instructions to the jury.

Macek agreed with most of Overfield's contentions, noting that her action prior to her removal did not warrant the disorderly conduct charge.

"Until such time as the mayor advised her that her time was up and Overfield responded that she needed to finish her statement, there had been no issue with Overfield whatsoever," Macek wrote in her decision.

The judge added that Overfield still had not done anything to disturb the peace, even as Stebbins ordered her removed — "I have some more (to say) and it will be heard," Overfield told the mayor at that time.

"It was not until a plain-clothes Officer Schalin grabbed Overfield's documents and her arm to escort her out of the room that there was any disorder at all," Macek wrote.

After Schalin grabbed Overfield, she and her boyfriend, Ric Valois, told plain-clothed police officers in the chambers that the officers were under a citizen's arrest. Valois then moved to free Overfield from Schalin's grip before Great Falls Police Sgt. Larry Brooks told Valois, "I'm a police officer," adding that Valois was not going to arrest anyone.

Macek also rejected the city attorney's contention that Overfield caused Valois to act.

There was no question that Overfield struck Schalin, Macek wrote, adding that Overfield was entitled to defend herself against the detective because she did not know he was a police officer.

During the trial, it was said that Schalin told Overfield he was a policeman in a hallway after she struck him, prompting an apology.

Macek also ruled that the jury was improperly instructed that they could find Overfield guilty of disorderly conduct on the basis of making loud or unusual noises. The jury also was misinformed that Overfield could not legally resist Schalin's attempt to escort her out of the room, Macek wrote.

"I always felt I had done nothing wrong and I thought Montana law would prove me right, and it did," Overfield said Thursday night. "I've moved on."

Overfield previously said that meeting was the first City Commission meeting she attended, so she didn't know all the rules. The commission has since raised the time limit for public comments to five minutes.

City Attorney David Gilko declined to comment Thursday, saying he was not aware of Macek's ruling. The city prosecutor at Overfield's trial, Chad Parker, could not be reached for comment. Stebbins did not immediately return phone messages left Thursday night.