A man who admitted he used profane language and made obscene gestures has failed to get his conviction overturned on a charge that he interfered with a federal officer in the performance of her duties.
Fred P. Addis, address listed last October as 1135 W. 900 North, Provo, was charged with interference and also with using an off-road vehicle in a part of Uinta National Forest closed to vehicles.While convicted of interference, he was found not guilty on the vehicle charge. U.S. Magistrate Calvin Gould wrote that the area was open to vehicles used for the purpose of retrieving "downed" game, and that witnesses testified that this is why Addis was driving there.
On Oct. 4, 1988, early in the deer-hunting season, Forest Service officers Jana Leinbach and Dawn Butler were in the White River area of Uinta National Forest, giving out information about campfire restrictions and off-road vehicle areas. This was in an area open to vehicles.
"When the officers observed defendant and his party using all-terrain vehicles (ATV), Leinbach started a conversation in order to adequately advise them of restrictions," Gould wrote. "To all appearances this conversation did not go along very well.
"Nevertheless, while attempting these conversations and warnings, another ATV rider, Jeff Jones, appeared. Leinbach directed defendant to remain at his ATV while she went to the other rider and vehicle.
"Defendant did not remain at this ATV but accompanied Leinbach to the other vehicle. While there, defendant clearly interfered with Leinbach in the performance of her official duties," Gould added.
The next day Addis was cited by Forest Officer Kent Cornaby for riding an ORV in the area, the charge of which he was cleared.
After a trial, on Jan. 12 Gould sentenced Addis to 10 days in jail, to be suspended on condition that he pay a $500 fine and obey all directions of Forest Service officers.
Addis appealed to the U.S. District Court.
"The appellant admits that his conduct was offensive, that he used profane language and that he made obscene gestures, but argues that his conduct does not constitute interference as required by statute because the officer was in fact able to communicate information to a third party," wrote Chief Judge Bruce S. Jenkins wrote.
"He argues that the officer may have been offended and annoyed, but that she was able to communicate successfully the information she needed to disseminate, and that his conduct did not therefore constitute interference in accordance with the statute."
Jenkins reviewed the trial transcript "and finds it is not clear that the officer successfully disseminated information in spite of the conduct of the defendant." Even if she did, Addis interfered with her while she was performing her duties, he wrote in affirming the magistrate's ruling.