from the Marion Superior Court The Honorable Marc T.
Rothenberg, Judge Trial Court Cause No. 49G02-1506-F3-22317
ATTORNEY FOR APPELLANT Karen Celestino-Horseman Indianapolis,
ATTORNEYS FOR APPELLEE Curtis T. Hill, Jr. Attorney General
of Indiana Monika Prekopa Talbot Deputy Attorney General
Following a jury trial, Matthew Cole was convicted of Level 3
felony resisting law enforcement, Level 5 felony possession
of an altered handgun, Level 5 felony possession of
methamphetamine, Level 5 felony possession of a narcotic
drug, three counts of class A misdemeanor carrying a handgun
without license, and class A infraction possession of
paraphernalia. On appeal, Cole argues that the State
presented insufficient evidence to support a number of his
& Procedural History
While on patrol during the early evening hours of June 23,
2015, Officer Timothy Elliott of the Indianapolis Police
Department parked his marked police vehicle on an access road
in Washington Park in Indianapolis. Officer Elliott heard a
car engine rev and saw pedestrians leaping out of the way of
a car traveling down the access road at a high rate of speed.
Officer Elliott activated his lights and positioned his
vehicle to block the car's path. When it reached Officer
Elliott's vehicle, the car came to an abrupt stop.
When Officer Elliott approached the vehicle, he observed two
male occupants and saw a knife near the center console.
Officer Elliott asked the driver, who was later identified as
Cole, for his license and registration. Cole had very
contracted pupils and appeared to be nervous. Specifically,
Cole would not look Officer Elliott in the eye, repeatedly
looked toward his passenger, stuttered while answering
questions, and was evasive and unable to give specific
answers when asked where he had been and where he was going.
Cole gave Officer Elliott a picture identification card that
clearly belonged to someone else. Cole reached toward the
glove box, then stopped and stated that the vehicle belonged
to his friend and that he did not have the registration.
Based on this behavior, Officer Elliott believed that Cole
was under the influence of drugs.
Meanwhile, the passenger, Joshua Dyer, opened the glove box
and reached inside and also reached down toward the
floorboard. Officer Elliott ordered Dyer to keep his hands
where he could see them. Dyer gave his identification to
Officer Elliott. As Officer Elliott walked toward the back of
the car to get the license plate number, the car sped away.
Officer Elliott immediately called for backup and got back
into his vehicle and began pursuing the car with his lights
and sirens activated.
Cole led Officer Elliott and other responding officers on a
high-speed chase, during which Cole repeatedly crossed into
the path of oncoming traffic, failed to stop at several stop
signs, endangered pedestrians, went airborne on at least two
occasions, and reached a top speed of approximately ninety
miles per hour. At the end of the pursuit, Cole drove through
the parking lot of a fast food restaurant, into a residential
alley, and came to a stop in a residential backyard after
crashing through a fence.
By the time the car came to a stop, IMPD Officer Derrick
Harper had joined the pursuit. Officer Harper parked his
police car beside Officer Elliott in the driveway of the
residence. Officers Elliott and Harper both exited their
vehicles and approached the car with their weapons
drawn-Officer Elliott on the driver-side and Officer Harper
on the passenger-side-while shouting commands for Cole and
Dyer to exit the vehicle with their hands up.
Cole opened the driver-side door and put his hands in the
air, but then pulled the door closed. Dyer opened the
passenger-side door with his left hand and then put his left
hand out while keeping his right hand hidden. Dyer then
briefly put his right foot on the ground as if he was going
to get out of the car, but then pulled it back inside. Dyer
then started rummaging around on the floorboard and under his
seat, continuing to disregard the officers' commands to
put his hands up. Officer Harper then observed Dyer, who was
bent over and whose hands were not in view, make a motion
with his shoulder that Officer Harper believed was consistent
with cocking a firearm. Dyer then sat up and began to raise
his right elbow as if he had something in his hand. At the
same time, Cole put the car in reverse and accelerated. The
car fishtailed first toward Officer Elliott and then toward
Officer Harper, who was trapped between the accelerating car
and the fence. In response to the threat of the oncoming car
and believing that Dyer was armed and preparing to fire on
him, Officer Harper shot and fatally wounded Dyer. Officer
Harper was unable to get a clear shot at Cole, so he did not
fire again. Cole continued to accelerate and only surrendered
when the car became stuck on a chain-link fence.
After Cole was taken into custody, police searched the car
and discovered three handguns-a .22 revolver and a 9mm Taurus
were found in the glove box and a Ruger .380 with an
obliterated serial number was found on the rear passenger
floorboard. Additionally, a large amount of ammunition and
numerous syringes were found throughout the car. In the
center console, police found two digital scales, a glass pipe
with methamphetamine residue, and a manicure kit containing a
spoon with heroin residue, a razor blade, and .35 grams of
As a result of these events, Cole was charged as ...