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Adetokunbo v. State

Court of Appeals of Indiana

April 27, 2015

Adegoke Adetokunbo aka Robert Adesanoye, and Grace Itaniyi, Appellants-Defendants,
v.
State of Indiana, Appellee-Plaintiff,

Page 1278

Appeal from the Marion Superior Court. The Honorable Amy Jones, Judge. Trial Court Case Nos. 49F08-1311-CM-76490, 49F08-1311-CM-76491.

ATTORNEY FOR APPELLANTS: Swaray E. Conteh, The Law Office of Swaray Conteh, LLC, Indianapolis, Indiana.

ATTORNEYS FOR APPELLEE: Gregory F. Zoeller, Attorney General of Indiana; Brian Reitz, Deputy Attorney General, Indianapolis, Indiana.

Robb, Judge. Bailey, J., and Brown J., concur.

OPINION

Page 1279

Robb, Judge.

Case Summary and Issues

[¶1] A bench trial was held for Adegoke Adetokunbo and Grace Itaniyi, who were tried as codefendants. Adetokunbo was found guilty of resisting law enforcement, a Class A misdemeanor, and battery, a Class B misdemeanor. Itaniyi was found guilty of resisting law enforcement, a Class A misdemeanor, battery, a Class B misdemeanor, and disorderly conduct, a Class B misdemeanor. Following their convictions and sentence, Adetokunbo and Itaniyi appealed jointly, challenging the sufficiency of evidence supporting their convictions. We conclude there was insufficient evidence to support Itaniyi's conviction for battery, and we remand with instructions that that conviction be vacated. However, we conclude that Itaniyi and Adetokunbo's remaining convictions are supported by sufficient evidence and must be affirmed.

Facts and Procedural History

[¶2] The facts most favorable to the judgment are as follows. On November 27, 2013, Adetokunbo received a phone call from the Indiana Department of Child Services (" DCS" ) requesting that he come to the agency's local office and bring his youngest child. Adetokunbo and Itaniyi, the child's mother, took their child to the DCS office and met with a caseworker who informed them that DCS had received information about possible child abuse and that DCS needed to remove the child from their care.

[¶3] When the parents were told that DCS was taking their child, Itaniyi became agitated and soon began screaming: " You're not taking my child. You better kill me before you take my child away

Page 1280

from me." Transcript at 13. At that point, Luis Flores, a security guard working in the DCS office, called the Indianapolis Metropolitan Police Department and requested an officer's assistance. Flores prevented Adetokunbo and Itaniyi from leaving, and Officer Perry Renn arrived to assist with removal of the child.

[¶4] Officer Renn approached Itaniyi and told her that she needed to hand her child over to DCS. Itaniyi, who was seated and calm when Officer Renn first approached, refused to give up her child, and she quickly became loud and agitated once again. Itaniyi told Officer Renn that if he wanted to take her child then he would have to arrest her. Officer Renn stepped forward to take the child from Itaniyi, but she pushed him away. Adetokunbo then stood up and started coming toward Officer Renn. Flores ...


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