from the Marion Superior Court Trial Court Cause No.
49G20-1412-F5-53840 The Honorable Shatrese Flowers, Judge,
The Honorable Peggy Hart, Magistrate
Attorney for Appellant Michael G. Moore
Attorneys for Appellee Gregory F. Zoeller Attorney General of
Indiana Ian McLean Deputy Attorney General
Charles Dunson challenges his conviction for Level 5 felony
carrying a handgun without a license. We affirm.
Dunson raises one issue, which we restate as whether the
trial court properly admitted into evidence a handgun seized
during an investigatory stop.
On November 20, 2014, officers from the Indianapolis
Metropolitan Police Department were dispatched to the 2400
block of Kenwood Avenue after a number of 911 calls reported
men with guns in the area. There was angry shouting audible
in some of the calls, and one of the dispatches to police
noted those sounds. The dispatchers also relayed reports from
callers that there were thirty people gathering and that one
caller reported someone was attempting to kick in his door.
Officer Matthew Addington and Deputy William Bennett
responded to the dispatches and participated in a traffic
stop involving someone thought to be involved in the
incident. Meanwhile, Officers Tiffany Wren and Cathy Faulk
also responded to the disturbance and spoke with Tamika
Coleman, who was the victim of the altercation. Coleman was
bleeding around her lips and nose, her nose appeared to be
broken, and sections of her hair were torn out. Coleman's
shirt was also torn, and there were footprints on her shirt.
Coleman was "very upset, she was crying, she was
agitated . . . ." Tr. p. 152. While Officers Wren and
Faulk talked to Coleman, a man drove past on a scooter or
motorcycle, and Coleman indicated to the other nearby
officers that he was "involved." Id.
Officer Faulk issued a police radio broadcast indicating she
had a "conscious and alert" female who was
"bleeding from the face" and then stated
"there's a "black male on a silver scooter,
he's coming toward you; he may be involved" and
described it as a "big scooter, looks like a
motorcycle." Ex. 3, track 14. Officer Addington
responded, "I see it. It's coming down Kenwood
towards Twenty-Second, " and then stated, "I have
him detained." Id.
After Dunson stopped his motorcycle, Officer Addington
approached him and "noticed a bulge in [Dunson's]
groin area . . . there was a flat top to it with a shirt over
top that. Ah, there's a larger bulge beneath that about
the waist line a belt line of the pants of the driver."
Tr. p. 67. Officer Addington believed the bulge was a weapon,
and he patted Dunson down. Officer Addington discovered a 9mm
Ruger in Dunson's waist band and seized it.
The State charged Dunson with Class A misdemeanor carrying a
handgun without a license and enhanced the charge to a Level
5 felony because Dunson had a prior conviction for the same
offense. Dunson filed two motions to ...