Keith Antwine was arrested for stealing a car (with two children in the back seat) and crashing into another vehicle during a getaway. Upon arriving at the precinct, Antwine complained of a toothache and hernia.
Officers escorted Antwine to St. Barnabas Hospital, where he was handcuffed to a bed. After a few moments, Antwine complained that the cuff was too tight.
Observing a visible discoloration around Antwine's wrist, an officer inserted a key and loosened the cuff, when Antwine jolted forward and fled.
After chasing him down the hallway, the officer grabbed Antwine but he again broke free. Just as Antwine made it through the first of two sets of exit doors, the officer lunged forward and tackled him. This time, the officer was able to restrain Antwine until two doctors and another officer intervened.
Antwine was convicted of grand larceny in the fourth degree, escape in the second degree, and two counts of endangering the welfare of a child. The Appellate Division, First Department, affirmed those convictions.
On appeal to our State's highest court, Antwine claimed that because he did not successfully cross the threshold and make it past the hospital's exit doors, his conviction should be reduced to "attempted escape."
According to the New York State Court of Appeals, "escape" typically means to "get away, break away, get free or get clear, with conscious purpose to evade custody," and since Antwine broke free of the realm of custody without authorization –- forcing police to give chase and placing an officer and the public at risk –- there was sufficient evidence to support the conviction in question.
Clearly, there was no escaping that decision.
For a copy of the Court of Appeals's decision, please use this link: People v. Antwine