AS 11.61.110. Disorderly Conduct

William Sherrick Duncan-Binns
327 Eagle Street, Room 205
Anchorage, Alaska 99501
(907) 277-2770
wsduncanb@hotmail.com

‎Wednesday, ‎March ‎30, ‎2016

William D. Falsey
Municipal Attorney
632 West 6th Avenue
Anchorage, Alaska 99501
(907)343-4545

IN THE DISTRICT COURT FOR THE STATE OF ALASKA AT ANCHORAGE
MUNICIPALITY OF ANCHORAGE
V.
DEFENDANT:
WILLIAM SHERRICK DUNCAN-BINNS
PRETRIAL MOTION TO DISMISS CASE: 3AN-16-02748CR
(AS 11.61.110.Disorderly Conduct)
PASSPORT NO.: 488871182
AK STATE DL#: 7244748
SSN: 579968736
DOB: 9/27/1969
CHRG-TITLE: 11
CHRG-CHAPTER: 61
CHRG-SECTION: 110
DESCRIPTION: Disorderly Conduct

On Tuesday, March 22, 2016, I, the defendant in the above-entitled criminal action was unfairly arrested for violation of Alaska Statute 11.61.110:

(a) A person commits the crime of disorderly conduct if,
(1) with intent to disturb the peace and privacy of another not physically on the same premises or with reckless disregard that the conduct is having that effect after being informed that it is having that effect, the person makes unreasonably loud noise;
(2) in a public place or in a private place of another without consent, and with intent to disturb the peace and privacy of another or with reckless disregard that the conduct is having that effect after being informed that it is having that effect, the person makes unreasonably loud noise;
(3) in a public place, when a crime has occurred, the person refuses to comply with a lawful order of a peace officer to disperse;
(4) in a private place, the person refuses to comply with an order of a peace officer to leave premises in which the person has neither a right of possession nor the express invitation to remain of a person having a right of possession;
(5) in a public or private place, the person challenges another to fight or engages in fighting other than in self-defense;
(6) the person recklessly creates a hazardous condition for others by an act which has no legal justification or excuse; or
(7) the offender intentionally exposes the offender's buttock or anus to another with reckless disregard for the offensive or insulting effect the act may have on that person.
(b) As used in this section, "noise" is "unreasonably loud" if, considering the nature and purpose of the defendant's conduct and the circumstances known to the defendant, including the nature of the location and the time of day or night, the conduct involves a gross deviation from the standard of conduct that a reasonable person would follow in the same situation. "Noise" does not include speech that is constitutionally protected.
(c) Disorderly conduct is a class B misdemeanor and is punishable as authorized in AS 12.55 except that a sentence of imprisonment, if imposed, shall be for a definite term of not more than 10 days.

FACTS: Operational Manager Cree Biggs of Jason's International Youth Hostel at 3324 Eide Street, Anchorage, Alaska 99503 is an extremely intimidating man who openly carries a firearm with two clips of ammuntion on his belt everywhere I've seen him go on the property, which is for the most part a very disorderly place where all residents are allowed to openly consume alcohol and where some people can disturb the peace at all times of day and night with impunity. His decision to enforce whatever rule he thought constituted disorderly conduct that early in the evening on Tuesday, March 22nd was done arbitrarily without warning of police contact and/or a pending arrest: One minute I'm sitting in the television room on the ground floor having a robust conversation with some fellow over a bottle of wine when a few seconds later Cree Biggs walks in with the Anchorage Police and off I go to jail for none of the justifiable reasons listed above. "For what? What for?"

ARGUMENT: (b) As used in this section, "noise" is "unreasonably loud" if, considering the nature and purpose of the defendant's conduct and the circumstances known to the defendant, including the nature of the location and the time of day or night, the conduct involves a gross deviation from the standard of conduct that a reasonable person would follow in the same situation. "Noise" does not include speech that is constitutionally protected.

Being unarguably the most orderly tenant in that most disorderly, roach-infested place known as Jason's International Youth Hostel, I alone in apartment 6 was responsible for cleaning and reorganizing the shared kitchen and my assigned room, B, which were below municipal health and fire code standards before I corrected as many of the violations as I could find. What thanks do I get? Cree Biggs and his managerial assistant, "Brad", are accusing me of being disorderly in a building full of real noisy troublemakers. Me, of all the people there, who goes out of his way to avoid trouble, and who has never been accused of any crime more serious than trespassing, I'm arrested for something everyone else there can do to me daily with impunity: Disturb my PEACE! It's a double-standard.

CONCLUSION: For the reason stated above, Defendant's Motion to Dismiss should be granted.

I declare under penalty of perjury under the laws of the State of Alaska that the foregoing is true and correct.

Executed on Wednesday, March 30, 2016 at Anchorage, Alaska.
c/o Alaska Backpackers Inn, 409 Eagle Street, Anchorage, Alaska 99501
-------------------------------------------------------------------------------------------------------------------
MOTION FOR DISMISSAL