APPEAL FROM THE ALLEN SUPERIOR COURT. The Honorable Frances C. Gull, Judge. Cause No. 02D04-1212-MC-3385.
ATTORNEY FOR APPELLANT: MARK A. THOMA, Leonard Hammond Thoma & Terrill, Fort Wayne, Indiana.
ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER, Attorney General of Indiana, MONIKA PREKOPA TALBOT, Deputy Attorney General, Indianapolis, Indiana.
RILEY, Judge. VAIDIK, C. J. and MAY, J. concur.
STATEMENT OF THE CASE
Appellant-Defendant, Jeffrey Metzger (Metzger), appeals his conviction for contempt of court, Ind. Code § 34-47-3-5.
Metzger raises one issue on appeal, which we restate as: Whether the trial court abused its discretion when it concluded that Metzger's actions amounted to a contempt of court.
FACTS AND PROCEDURAL HISTORY
On December 15, 2012, at approximately 2:40 a.m., officers with the Fort Wayne Police Department stopped Metzger for operating a vehicle while intoxicated. Metzger was transported to the Allen County lockup and refused the certified breath test. The officers contacted Allen County Chief Deputy Prosecutor Michael McAlexander (Chief Deputy McAlexander) and requested his help in obtaining a search warrant for a blood draw. The officer completed the probable cause affidavit and Chief Deputy McAlexander faxed the probable cause affidavit and application for a search warrant to the trial judge on call. A short time later, the warrant arrived, signed by the judge.
Once a warrant is obtained, a jail nurse comes down to the lockup to draw the blood. While waiting for the nurse to arrive, Chief Deputy McAlexander and the officer placed Metzger in a holding room and handed him the warrant to read. At the same time, Chief Deputy Mc Alexander explained to Metzger the consequences of his refusal to take the certified breath test, including the possibility of being held in contempt in case of non-cooperation. As he was reading and heard Chief Deputy McAlexander's explanation, Metzger became more and more agitated. Metzger stood up, turned around, and started to pick up his chair. Metzger glared at Chief Deputy McAlexander and began ...