from the Marion Superior Court. The Honorable Barbara Cook
Crawford, Judge. Trial Court Cause No. 49F09-1401-FD-2850.
FOR APPELLANT: Deborah Markisohn, Marion County Public
Defender Agency, Indianapolis, Indiana.
FOR APPELLEE: Gregory F. Zoeller, Attorney General of
Indiana, Jodi Kathryn Stein, Deputy Attorney General,
Judge. Bailey, J., and Mathias, J., concur.
Tyrone Causey appeals his conviction for
Intimidation, a Class D felony. Finding insufficient
evidence to support this conviction, we reverse.
At about 2:00 a.m. on January 19, 2014, an anonymous woman
called the police to report a disturbance at Causey's
residence in Indianapolis. Officers Juanita Wilkins and
Michael Faulk were dispatched to investigate the situation.
Upon arriving and approaching the front porch, the officers
noticed that the glass on the outer storm door was broken.
The officers listened for any sounds coming from inside the
residence but could not hear anything. They then knocked on
Causey opened the door and the officers asked him to step
outside and speak with them. Causey stated that everything
was fine and that the officers had no business there and
slammed the door shut. The officers knocked again. This time,
when Causey answered, the officers asked him if they could
come inside to see if there was someone who might need help.
Causey told the officers that he was there by himself and
again told them that they had no business there. Causey then
stated " you won't take me alive," and slammed
the door. Tr. p. 120. The officers went back to their
vehicles and called for backup.
While the officers waited for backup to arrive, Causey opened
the door and yelled: " [G]et off my property. You
don't belong on my property. If you come any closer
I'll shoot." Id. at 121-22. Sergeant Steve
Rivers arrived a few minutes later and spoke with Officers
Wilkins and Faulk. As the three spoke, Causey again opened
the door and began yelling in an unintelligible manner.
Sergeant Rivers later testified that, although he could not
understand what Causey was saying, he recalled hearing the
words " shoot" and " kill." Id.
at 200. Sergeant Rivers then called in a SWAT team out of
concern that Causey may have been holding somebody hostage.
Prior to the SWAT team's arrival, Causey's
fiancée, Ashley Jones, arrived at the residence with
her three-year-old son. Jones told the officers that Causey
was the only one inside, but the officers informed her that
it was a hostage situation and prevented her from entering.
The SWAT team, which was composed of about twenty people and
one robot, eventually entered the residence and arrested
Causey, who was alone in the house.
The State charged Causey with class D felony intimidation,
class B misdemeanor disorderly conduct, and alleged that he
was an habitual offender. Following a jury trial, Causey was
convicted of class D felony intimidation. The trial court
sentenced him to 545 days, with 180 days executed on home
detention and 365 days on probation. Causey now appeals.