These opinions are not precedents and cannot be cited or relied upon unless used when establishing res judicata or collateral estoppel or in actions between the same party. Indiana Rules of Appellate Procedure 65(D).
APPEAL FROM THE MARION COUNTY SUPERIOR COURT. The Honorable Anne Flannelly, Commissioner. Cause No. 49G17-1303-FD-014640.
ATTORNEYS FOR APPELLANT: ELLEN F. HURLEY, Marion County Public Defender Agency, Indianapolis, Indiana.
ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER, Attorney General of Indiana, LARRY D. ALLEN, Deputy Attorney General, Indianapolis, Indiana.
MATHIAS, Judge. BRADFORD, J., and PYLE, J., concur.
MEMORANDUM DECISION -- NOT FOR PUBLICATION
Sarah Cartner (" Cartner" ) was convicted of Class A misdemeanor battery in Marion Superior Court. She appeals her conviction and argues that the State failed to present evidence sufficient to support her conviction.
Facts and Procedural History
On March 3, 2013, Cartner, Cartner's mother, and Cartner's three-year-old son, A.S., visited an Indianapolis Wal-Mart store. While the three were inside the store, near the pharmacy section, a Wal-Mart Asset Protection Associate, Ana Tyree (" Tyree" ), heard Cartner yelling and A.S. screaming. Tyree approached, coming within four feet of the group, and then observed Cartner raise her hand as if she were going to hit the child, who was sitting in the large basket area of a shopping cart. Cartner moved away from the cart, then came back and struck A.S. on the left side of his head so hard that his head hit the side of the shopping cart. Per store policy, Tyree did not intervene, but continued to watch Cartner, Cartner's mother, and A.S. as they moved towards the health and beauty section. There, Cartner again hit A.S. on the left side of his head, using an open hand. Tyree followed the group as they walked to the store's toy section, where Tyree observed Cartner grab A.S. by his jacket, pick him up, and push him down in the cart on his back. Tyree also saw what she believed to be Cartner pinching A.S. under his coat. Tyree heard A.S. cry out for Cartner to " stop it." Tr. pp. 15-16. Cartner, Cartner's mother, and A.S., with Tyree still following closely, then headed towards the furniture section and Tyree saw Cartner again grab A.S. by his coat and " slam" him down in the cart. Tr. p. 19. Tyree also observed Cartner pull A.S.'s hair. Store surveillance cameras captured the incidents in the pharmacy section and furniture section, but there was no camera in the health and beauty area.
Tyree called 911 to report Cartner's actions. While Cartner was on the phone with the emergency dispatcher, she continued to follow Cartner, Cartner's mother, and A.S. As the group passed the restrooms close to the grocery section, Cartner lifted A.S. from the cart by his coat, and dragged him by his coat into the restroom as he screamed. This conduct was captured by a store security camera.
Indianapolis Metropolitan Police Officer Josh Fritsche (" Officer Fritsche" ) responded to Tyree's call, arriving at the store about five minutes after Cartner and A.S. emerged from the restroom. Officer Fritsche approached Cartner, and then took Cartner, her mother, and A.S. to the store's security office where he read Cartner and her mother their Miranda rights and took photographs of A.S. Officer Fritsche observed that A.S. had marks on his forehead and that his ears were very red. Cartner told Officer Fritsche that the child's ears were red because he was overheated from having the hood from his hooded sweatshirt up around his face. She further explained that, immediately prior to their trip to the store, her son had just been awakened from a nap and was irritated and hungry. Both Cartner and her mother denied any abuse. Officer Fritsche arrested ...