APPEAL FROM THE SUPERIOR COURT, TIM MURPHY, J.
Before Schwelb and Ruiz, Associate Judges, and Gallagher,
The opinion of the court was delivered by: Schwelb, Associate Judge:
Nathaniel C. Bean was convicted by a jury of unlawful entry, in violation of D.C.Code § 22-3102 (1996). On appeal, Bean contends that the evidence was insufficient to support his conviction. We agree and reverse.
During the summer and fall of 1995, Officer Octavius Moore of the Metropolitan Police Department was employed during his off-duty hours as a part-time security guard at the Park Chester Apartments in southeast Washington, D.C. At Bean's trial, Moore testified that on October 25, 1995, he saw Bean engage in what Moore believed to be a drug transaction on the premises of the Park Chester complex. Moore pursued Bean, who ran into the apartment of Teena McMillan, a resident of Park Chester who was apparently Bean's girlfriend. Moore testified that he told Ms. McMillan, in Bean's presence, that [709 A2d Page 86]
Bean was barred from the complex. Moore also prepared a formal written "barring notice." *fn2
Moore testified that two days later, on October 27, 1995, at about 7:15 p.m., he saw Bean on the street outside the Park Chester Apartments and reminded him that he was barred from the complex. Later that evening, Moore observed Bean with a group of men standing in a hallway, apparently taking shelter from the rain. Because Bean appeared to be "loitering," Moore arrested him for violating the barring order. There was no evidence presented as to the reason (or lack of reason) for Bean's presence on the premises, or as to whether the persons with whom he was standing were residents of Park Chester Apartments. Moore did not testify how long Bean had been at the complex prior to his arrest.
Sara Parker, an assistant property manager at Park Chester Apartments at the time of the relevant events, also testified for the prosecution. Ms. Parker explained that a violation of a "barring order" occurred if a previously barred individual was present on the premises for no legitimate reason. A barring order did not apply where such an individual was visiting a resident.
In assessing Bean's claim of evidentiary insufficiency, *fn3 we must view the evidence in the light most favorable to the prosecution, according due weight to the right of the jury to weigh the evidence, determine the credibility of the witnesses, and draw reasonable inferences. See Bernard v. United States, 575 A.2d 1191, 1194 (D.C. 1990). Applying that standard, we must affirm Bean's conviction if we conclude that an impartial juror could find the evidence sufficient beyond a reasonable doubt. See Patterson v. United States, 479 A.2d 335, 338 (D.C. 1984). The evidence is insufficient as a matter of law, however, if "in order to convict, the jury is required to cross the bounds of permissible inference and enter the forbidden territory of conjecture and speculation." Roy v. United States, 652 A.2d 1098, 1103 (D.C. 1995) (citation omitted).
"Traditionally, the American law punishes persons who enter onto the property of another after having been warned by the owner to keep off." Martin v. City of Struthers, 319 U.S. 141, 147, 63 S.Ct. 862, 865, 87 L.Ed. 1313 (1943); see also Bowman v. United States, 212 A.2d 610, 611 (D.C. 1965) (quoting Martin). *fn4 In the District of Columbia, this policy is expressed in D.C.Code § 22-3102, which proscribes "unlawful entry." In order to establish that Bean violated § 22-3102, the prosecution was required to prove that he entered the premises "against the will of the lawful occupant or of the person lawfully in charge thereof." D.C.Code § 22-3101; see Bowman, supra, 212 A.2d at 611-12; McGloin, supra note 4, 232 A.2d at 91; see also Kelly v. United States, 348 A.2d 884, 885-87 (D.C. 1975) (violation of "barring notice" issued by hotel management).
In the present case, Bean was not barred unconditionally from the Park Chester Apartments. According to the testimony of Sara Parker, a barred individual was not precluded from coming to the premises for a ...