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Clark v. State

Court of Appeals of Indiana

October 19, 2016

Ryan Clark, Appellant-Defendant,
v.
State of Indiana, Appellee-Plaintiff.

         Appeal from the Marion Superior Court The Honorable Kurt M. Eisgruber, Judge Trial Court Cause No. 49G01-1406-FA-029404

          Attorney for Appellant Kurt A. Young Nashville, Indiana

          Attorneys for Appellee Gregory F. Zoeller Attorney General of Indiana James B. Martin Deputy Attorney General Indianapolis, Indiana

          Pyle, Judge.

         Statement of the Case

         [¶1] Following his participation in a horrific home invasion, Ryan Clark ("Clark") was convicted of the following sixteen offenses: (1) two counts of rape as Class A felonies; (2) three counts of criminal deviate conduct as Class A felonies; (3) five counts of confinement as Class B felonies; (4) one count of robbery as a Class C felony; (5) one count of carjacking as a Class C felony; (6) two counts of battery as Class C felonies; and (7) two counts of battery as Class A misdemeanors. He now appeals those convictions and argues that the evidence is insufficient to support them. Specifically, he contends that the testimony of victim A.M. ("A.M.") was incredibly dubious. Finding that the incredible dubiosity rule does not apply in this case, we affirm Clark's convictions.

         [¶2] Affirmed.

         Issue

         Whether there is sufficient evidence to support Clark's convictions.

         Facts

         [¶3] In September 2013, A.M. was sitting on her back patio when three men wearing bandanas and clear plastic gloves approached her and ordered her into her house at gunpoint. A.M. was subsequently ordered to go upstairs where she joined her husband and three children, sixteen-year-old twin sons and a seven-year-old son.

         [¶4] While the family was in the upstairs bedroom, Clark told A.M. she had nice breasts and ordered her to remove her shirt. When A.M. refused to do so in front of her family, Clark pointed his gun at her face and ordered her, her husband, and her children to all remove their shirts. This time everyone complied with Clark's order. Although Clark's face was partially covered by the bandana, A.M. was able to look at his eyes, which were illuminated by a hall light.

         [¶5] The family was then ordered to go downstairs to the living room. At this point, none of the men were wearing their bandanas, and, as the family went down the stairs, A.M. was able to get a good look at Clark's face, which was illuminated by a bright light. When everyone got to the living room, Clark ordered A.M. to remove all of her clothes. When she again refused to do so in front of her family, Clark ordered the entire family to "strip down naked" as he pointed his gun at A.M. (Tr. 39). The family again complied with Clark's order.

         [¶6] While the other gunmen loaded the family's car with electronics, one of the men took A.M. to the laundry room in the basement. Shortly thereafter, the other two men joined them. All three men then ordered A.M. to perform oral sex on them at gunpoint. At one point, A.M. opened her eyes and noticed a birthmark on one of the men's hip. A.M. was then taken to an adjacent bathroom where each of the men raped her. Clark, who was no longer wearing a bandana, then dragged A.M. over to the shower and poured soap and bleach on her "to wash all the DNA off." (Tr. 111). Clark briefly left A.M. in the shower, and when he returned and saw A.M. peeking out, Clark ...


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