Dustin A. Evans, Appellant-Defendant,
State of Indiana, Appellee-Plaintiff.
from the Bartholomew Superior Court Trial Court Cause No.
03D01-1511-F5-5914 The Honorable James D. Worton, Judge
Attorney for Appellant Michael P. DeArmitt Columbus, Indiana
Attorneys for Appellee Curtis T. Hill, Jr. Attorney General
of Indiana Larry D. Allen Deputy Attorney General
OF THE CASE
Appellant-Defendant, Dustin Evans (Evans), appeals his
conviction for escape, a Level 5 felony, Ind. Code §
35-44.1-3-4(a); and unlawful possession of a syringe, a Level
6 felony, I.C. § 16-42-19-18(a).
Evans presents two issues on appeal, which we restate as the
(1) Whether the trial court committed a fundamental error in
instructing the jury; and
(2)Whether the trial court abused its discretion by ordering
AND PROCEDURAL HISTORY
On November 17, 2015, at approximately 3:00 a.m., Officer
Daniel Garvey (Officer Garvey) of the Edinburgh Police
Department was dispatched to investigate the report of a
suspicious man who was lurking in front of a residence. Upon
arriving at the residence, Officer Garvey recognized the
suspicious man as Evans due to previous encounters. Officer
Garvey also knew that Evans had an active arrest warrant. At
that point, Officer Garvey activated his lights and attempted
to stop Evans. Evans fled, but was later stopped and
apprehended by another officer who was nearby in his patrol
vehicle. Evans was carrying a backpack, and pursuant to a
search of the bag, Officer Garvey found a plastic pouch
containing methamphetamine, a knotted sock containing five
syringes, cotton balls, and a spoon with white residue.
Officer Raina Bostock (Officer Bostock), who was at the
scene, transported Evans to the Bartholomew County Jail.
Before Evans was booked, he complained that he was not
feeling well, and he notified the officers that he had
swallowed three bags of heroin. Based on the complaints,
Officer Bostock transported Evans to Columbus Regional
Hospital. After receiving the necessary treatment, Evans was
cleared by the medical personnel, and Officer Bostock secured
Evans in handcuffs and placed him in her patrol vehicle.
Evans' legs were not restrained.
On his return to the jail, Evans lay down on the backseat and
began vomiting on the floorboard. Upon seeing this, Officer
Bostock pulled over, exited, and she moved Evans so that his
head would be positioned outside of the vehicle. After Evans
stopped vomiting, she placed Evans in an upright position and
strapped his seatbelt. As Officer Bostock was preparing to
merge into traffic, she heard loud banging noises. When she
turned around, she saw Evans kicking the passenger door with
his legs. Officer Bostock put the vehicle into park and
exited the vehicle. By this time, the door was open and Evans
was running down the street. As she pursued Evans, she
radioed for assistance. After an hour of searching in the
surrounding areas, the officers abandoned the search. The
record shows that Evans was rearrested several days
On November 20, 2015, the State filed an Information,
charging Evans with escape, a Level 5 felony; and unlawful
possession of a syringe, a Level 6 felony. On October 4,
2016, Evans' jury trial was held. At the close of the
evidence, the jury found Evans guilty as charged. On November
22, 2016, the trial court conducted Evans' sentencing
hearing, and it thereafter sentenced Evans to consecutive
executed sentences of six years for the escape conviction,
and two years for the unlawful possession of a syringe.
Evans now appeals. Additional facts will be provided as