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 DELAWARE CIRCUIT COURT. The Honorable Thomas A. Cannon, Jr., Judge. Cause No. 18C05-1104-FD-41.
ATTORNEY FOR APPELLANT: DOUGLAS K. MAWHORR, Public Defender's Office, Muncie, Indiana.
ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER, Attorney General of Indiana; ERIC P. BABBS, Deputy Attorney General, Indianapolis, Indiana.
NAJAM, Judge. BAKER, J., and CRONE, J., concur.
MEMORANDUM DECISION - NOT FOR PUBLICATION
STATEMENT OF THE CASE
Alonzo Golston Williams III appeals his conviction for intimidation, as a Class D felony, following a jury trial. Williams raises two issues for our review, which we consolidate and restate as whether the trial court abused its discretion when it denied his proposed jury instruction and whether the State denied him his right to due process when it failed to preserve potentially useful evidence. We affirm.
FACTS AND PROCEDURAL HISTORY
On April 13, 2011, Williams was incarcerated in the Delaware County Jail. Corporal Robert L. Brooks of the Delaware County Sheriff's Office was working inside the jail that day, and he observed " pornography pictures" on the wall of Williams' cell. Transcript at 230. Having pictures of any kind on the walls of a cell is against the rules of the jail, and Corporal Brooks instructed Williams to remove the pictures. Later that day, Corporal Brooks returned to Williams' cell and observed the pictures still on the wall. Corporal Brooks again instructed Williams to remove the pictures, but Williams responded, " fuck you, I'm not taking them down." Id. at 138.
Corporal Brooks then removed Williams from his cell, placed Williams in handcuffs, and proceeded to remove the pictures from Williams' wall. Correctional Officer John Taylor arrived to assist Corporal Brooks in searching the rest of Williams' cell for contraband. During the search, Williams " kept yelling" and " cussing" and so, pursuant to the jail's policies, the officers removed Williams to the segregation unit of the jail. Id. at 140. En route, Jeremy Dye, an administrative assistant for the Sheriff's Office, overheard Williams saying that " he was gonna . . . get or kill . . . Officer Taylor and Officer Brooks." Id. at 193.
Corporal Brooks placed Williams inside a segregation cell. Williams asked for medical attention, but then proceeded to tell Corporal Brooks that " when he see[s] me on the street he [i]s going to kill me" and that Williams " hoped [Corporal Brooks'] mother and . . . kids die." Id. at 140. Williams told Officer Taylor that Officer Taylor " was dead when [Williams] gets out." Id. at 172. And Williams spit at Officer Taylor, though he missed. Williams then ...