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,
of the Case
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.
there is sufficient evidence to support Clark's
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.
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.
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.
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 ...