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McClellan v. State

Court of Appeals of Indiana

July 28, 2014

CHAD MATTHEW MCCLELLAN, Appellant-Respondent,
v.
STATE OF INDIANA, Appellee-Petitioner

ATTORNEY FOR APPELLANT: JAMES D. CRUM, Coots, Henke & Wheeler, P.C., Carmel, Indiana.

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER, Attorney General of Indiana, JESSE R. DRUM, Deputy Attorney General, Indianapolis, Indiana.

MATHIAS, Judge. FRIEDLANDER, J., and PYLE, J., concur.

OPINION

Page 547

MATHIAS, Judge

Chad McClellan (" McClellan" ) was convicted in Hamilton Circuit Court of Class C felony battery and Class B misdemeanor battery. McClellan appeals his Class C felony battery conviction and argues that the State failed to present sufficient evidence that the offense was committed by means of a deadly weapon.

We affirm.

Facts and Procedural History

Billy Burke (" Burke" ) is a manager and resident of Tall Timbers, a mobile home park in Noblesville, Indiana. During the early morning hours of October 6, 2013, Burke awoke when he heard tapping noises on the side of his trailer. Burke heard a man, later identified as McClellan, claim to have a water leak. Burke opened his front door but did not turn on any lights. Burke then opened his storm door, and McClellan lunged at Burke. McClellan hit Burke in the face with a metal pipe, which resulted in cuts to Burke's face and significant bleeding. See Ex. Vol., State's Exs. 2-4.

McClellan then knocked Burke to the floor of the mobile home, and Burke was briefly unconscious. When Burke regained consciousness, McClellan was on top of him. Burke felt the prongs of a stun gun on his left leg and saw flashing bright lights. McClellan threatened Burke telling Burke that " this was [his] last day." Tr. p. 106. Burke managed to pull himself out from underneath McClellan, and after a brief struggle, threw McClellan out onto the porch of the mobile home.

As McClellan ran away from Burke, Burke yelled to his neighbors to stop McClellan. Bystanders Erick Pulliam and a friend chased after McClellan. They found McClellan crouched behind a nearby trailer. McClellan hit Pulliam with the metal pipe and tried to hit him with the stun gun. Pulliam knocked the stun gun out of McClellan's hand. Pulliam and his friend subdued McClellan until deputies from the Hamilton County Sheriff's Department arrived on the scene.

Page 548

On October 7, 2013, McClellan was charged with two counts of Class C felony battery by means of a deadly weapon.[1] A jury trial commenced on December 2, 2013. After the State presented its case-in-chief, McClellan moved for a directed verdict. The trial court granted the motion in part and removed the deadly weapon element from the battery charge for the offense committed against Pulliam. The charge was reduced to a Class B misdemeanor.

The jury found McClellan guilty of Class C felony battery and Class B misdemeanor battery. At sentencing, the trial court ordered McClellan to serve concurrent terms of seven years with one year suspended to probation for the C felony battery and 180 days for the Class B misdemeanor ...


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