like the gate keeper of the exchange and actually stopped the change from happening at the sheriff's office again by telling by not allowing mr steger to take his son to instead sent up until the child he didn't want him to take him when he was necessarily can't call nine one one but again that's not really an accurate statement of when citizens are allowed or when it's criminal for a citizen to call nine one one in word for it to be criminal there has to be knowing our minds knowing that you're making a false complaint to knowing that you have no reasonable grounds for making a call and knowing that it could result in an emergency response and none of those knowing elements were proven he circumstances how is it grounds reasonable instead arrested him and bring him to the county jail and the second time the parking lot of the sheriff's office where again everybody was there to exchange the child and then the tra allow that to happen if the question is whether and when mr stephen made that call he knew whether what he was reporting was false and at that time he that was not a false statement officer who was not letting him collect a son at that point would that was true and do you think that perhaps the trier of fact took that into consideration in determining the weight to be given to his knowledge as to whether or not he was making a false report i'm not sure again i can't speak to how the there was no reason or ground for making a cough and using that visitation had been stopped twice but then we just talked about what was in the record with regard to the conversation about taking the child home allowing the wife i'm sorry the mother to take the child home change the child and then being instructed instructed in the defendant's presence to bring the child after the break so how was that reasonable on the defendant's party because there had there was no guarantee that that weighing the evidence against the standard is you know even in light of looking at the evidence in light most favorable to the state was there the case was proven beyond a reasonable doubt and i'm saying that the jury got it wrong this time that they are i believe that their decision was based on something else then the facts and the statute in applying those facts the statute in determining whether or not there was an effect all the essential elements of the crime are met in this case considering all the  expect an emergency response that's a great question and i'm not and i believe that under those circumstances the state would have a hard time proving that the  defendant called nine one one knowing that an emergency result could for an emergency response could be dispatched to the area so i would argue that nec case if you're learning a dispatcher that this is not an emergency i don't know what other emergency and i'm just looking for help outside this county because i have there seems to be this you know the county is not showing me the kind of help that i need the situation that i've gotten before by making these so you know he asked for the state police number and she's like i can give it to you but they're not coming and she says ok ball good bye and then we'll stick least the ones that would do the facilitate the visitation i'm not certain i know that multiple  enforcement agencies have been part of these exchanges in the past but i don't know that the state police had ever participated in these another that you know again there's next to the reason why he was also calling nine one one plane that you know his smartphone was back in his car at mcdonald's parking lot in general when he was arrested everything was left there and he was brought over to the keep dekalb county jail the only thing we had with him was his mom's flip phone which was a capable of the dekalb county sheriff's non emergency number and this is why he ended up calling nine one one again this is these are actions that he's taken before he's invited the police to be there before the only reason it's a crime now is because he mistakenly called nine one one  of having the de kalb county sheriff's office non emergency number memorized and again with all those i don't believe the knowing elements of the crime with proven beyond a reasonable doubt case i would like to t see him so we have to look not only at the content delivery but the surrounding circumstances really and the surrounding circumstances include the fact that he was arrested for contact and had previously taken place with regard to  and again durst house and the county jail are actually on the same busy streets he called his parents to pick him up but he knew that he would be on that street so he decided to walk north to try to meet his parents and at some point like a mile he decides to  a break and ironically from her home again that's you know an issue that's definitely worse questioning but at the same time it's not relevant to deciding on appeal whether you need to have over threats or profanity or the use of language in order to you are equally disorderly conduct right you don't need it in language or any kind of threats right the same time there has to be i think more than just standing outside for two minutes and not without any other action at all again he's you know you can't it's not a middle of winter it's not in the middle of the night it's on a friday afternoon in august when it's still daylight he's you know walking up the street to meet his parents instead his parents do pass by and miss him and he ends up there's a neighbor outside the court that he has to borrow the phone to call his parents to om make a different collect his time he was requesting another officer who was willing to do his job when in fact the effect of the defendant's apology when he called my mom one then telling the dispatcher that this wasn't an emergency i don't believe has any response by asking for another officer who is the first responder type of person such as a firefighter or an ambulance by requesting an officer to come to the scene  took them to find it to the being to help them get money for the bond and i think this shows that the author is trying to i guess make the process a little bit more smoothly so that way she could get after the arrest take you to the bank so that he could run out of jail and actually then be available for the visitation i would argue that it dies in a bit more sara who i think for the second delay that the defendant alleges that  the officer didn't allow to take the child after he shot himself i think when we look at when the nine one one call was made this is after the trial of what himself this was after they had all left the police station and this was when the defendant was driving the child's mother's house while she was trying to get the sound exchange the defendant didn't wait at the police station for the child's return or as the officer told him the he the defendant mentioned that and that he would take the child home to clean up the child however i believe in the record the defendant lives in alabama when the mother lives you know mentioned in light of the circumstances of what happened that day the defendant was arrested in ireland for making the rights prior to this whole entire custody change disorderly charge is that it guards against the invasion of the right of others not to be molested or harassed either mentally or physically without justification and does know that these aren't that that was an underlying reason and that's on record page sixty nine are immediately when a defendant is really behind a stop sign with his hands intertwined between you like behind his head with his to reach a peace they both testified that i am sorry that deborah and you have testified that she has standing there really freaked her out and she didn't know what he was there for and  hard contact between any of the parties involved when the change is going to happening so by the by the by the child's mother after seeing the defendant arrested and then not having any knowledge of the law when he got out from jail all the sudden standing outside the home