Appeal from the Marion Superior Court, No. 49F19-1208-CM-53729. The Honorable Shatrese M. Flowers, Master Commissioner.
On Transfer from the Indiana Court of Appeals, No. 49A02-1212-CR-953.
ATTORNEYS FOR APPELLANT: Suzy D. St. John, Ruth A. Johnson, Marion County Public Defender Agency, Indianapolis, Indiana.
ATTORNEYS FOR APPELLEE: Gregory F. Zoeller, Attorney General of Indiana; Monika P. Talbot, Ellen H. Meilaender, Stephen R. Creason, Deputy Attorneys General, Indianapolis, Indiana, Dickson, Chief Justice.
Dickson, Chief Justice. Rucker, David, Massa, Rush, JJ., concur.
Dickson, Chief Justice.
Following a bench trial, Keion Gaddie was convicted of Resisting Law Enforcement as a Class A misdemeanor. His appeal argues that the evidence is insufficient to sustain his conviction. The Court
of Appeals reversed.
Gaddie v. State, 991 N.E.2d 137 (Ind.Ct.App. 2013). We reach the same result but granted transfer to put to rest a conflict among various decisions in the Court of Appeals.
On August 4, 2012, around 10:30 p.m., Indianapolis Metropolitan Police Officer Jeffery Newlin responded to a report of a " disturbance" at a residence in Indianapolis. Tr. at 7. When he arrived, he saw about eight people standing on the front porch and in the front yard " screaming and yelling." Id. He saw several other people, one of whom was the defendant, walking along a side yard toward the back. Officer Newlin told the group to return to the front yard with the purpose of watching everyone until back-up arrived. Everyone but the defendant complied. Back-up then arrived. Officer Newlin, who was in full police uniform, headed toward the back, identified himself as a police officer, and told the defendant to stop. See id. at 10 (" stop, police. Stop, police." ). The defendant continued walking along the curtilage of the residence toward an alley. Officer Newlin followed him and, " screaming extremely loud," repeated his order to stop. See id. at 9-10 (" Police Department, stop walking. Stop." ). The defendant looked back at Officer Newlin two or three times but continued walking. Officer Newlin then radioed for help, and another officer intercepted the defendant at the next street over about 45 seconds later.
The defendant was charged with Resisting Law
Enforcement by fleeing after being ordered to stop by a law enforcement officer. At the bench trial, Officer Newlin testified that, upon responding to a report of a disturbance at a residence, he was corralling people in the front yard for everyone's safety when the defendant disregarded the officer's order to stop by walking away. The officer testified that the defendant only walked, that he had not seen the defendant or anyone else commit a crime prior to ordering the defendant to stop, and that the defendant was not under arrest when ordered to stop. The defendant testified that he lived at the residence where the incident occurred, that a disturbance had indeed occurred that night but had broken up by the time the police arrived, and that he was in the process of leaving before Officer Newlin arrived. The trial court found the defendant guilty as charged.
The defendant's appeal is predicated upon a claim of insufficient evidence, but the defendant does not specify the element of the offense for which the proof is allegedly lacking. In relevant part, the Resisting Law Enforcement statute provides: " A person who knowingly or intentionally . . . (3) flees from a law enforcement officer after the officer has, by visible or audible means . . . identified himself or herself and ordered the person to stop; commits resisting law enforcement, a Class A misdemeanor . . . ." Ind. Code § 35-44.1-3-1(a)(3) (2012). In the appellate review of an insufficient evidence claim, we determine whether the probative evidence and reasonable inferences drawn from it--without regard to weight or credibility--could have allowed a reasonable trier of fact to find each of the elements of the charged offense proven beyond a reasonable doubt.
Joslyn v. State, 942 N.E.2d 809, 811 (Ind. 2011). We note that the evidence ...