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Postiglione v. State

Court of Appeals of Indiana

September 19, 2017

Racquel Postiglione, Appellant-Defendant,
v.
State of Indiana, Appellee-Plaintiff.

         Appeal from the Marion Superior Court The Honorable Mark D. Stoner, Judge, Trial Court Cause No. 49G06-1504-F5-14728

          ATTORNEY FOR APPELLANT Victoria L. Bailey Marion County Public Defender Agency Indianapolis, Indiana.

          ATTORNEYS FOR APPELLEE Curtis T. Hill, Jr. Attorney General of Indiana Ian McLean Deputy Attorney General Indianapolis, Indiana.

          PYLE, JUDGE.

         Statement of the Case

         [¶1] Racquel Postiglione ("Postiglione") appeals the trial court's restitution order entered following her conviction for Class A misdemeanor battery resulting in bodily injury.[1] Postiglione argues that the trial court abused its discretion by ordering her to pay $18, 451.33 in restitution to the victim, contending that she did not cause the victim's injuries for which restitution was ordered. Concluding that, in light of the facts and circumstances of this case, there was evidence and reasonable inferences therefrom to show that the victim incurred medical costs as a result of Postiglione's crime, we find no abuse of discretion and affirm the trial court's order of restitution.

         [¶2] We affirm.

         Issue

         Whether the trial court abused its discretion by ordering Postiglione to pay $18, 451.33 in restitution to the victim.

         Facts

         [¶3] Around 1:00 a.m. on April 24, 2015, Postiglione and three male friends, including her boyfriend, Christopher Shafer ("Christopher"), [2] and his brother, Michael Shafer ("Michael"), went into the Alley Cat bar ("the bar") in Broad Ripple. Postiglione and her companions had already consumed varying levels of alcohol prior to arriving at the bar. The bartender, Matthew Marcuccilli ("Marcuccilli"), noticed Postiglione and the others as they walked in the bar because they were "very loud" and "clearly intoxicated." (Tr. Vol. 2 at 13). Marcuccilli "immediately decided not to serve them" any alcohol and instead served them water. (Tr. Vol. 2 at 13). Marcuccilli considered Postiglione to be "the rudest" of the group as she was "screaming profanities" and "[s]lurs" and "bothering" customers. (Tr. Vol. 2 at 14). After Postiglione and the others caused multiple "confrontations" and "squabbles" with other customers, Marcuccilli asked them to leave the bar. (Tr. Vol. 2 at 18). They, however, "kept sneaking back in" the bar, and Marcuccilli asked them to leave another three times. (Tr. Vol. 2 at 20).

         [¶4] Eventually, Marcuccilli, with a small, wooden bat in hand, hit the bat on the bar and threatened to call the police if Postiglione and her friends did not permanently leave the bar. Marcuccilli signaled to Joe Kelly ("Kelly"), who worked across the street from the bar and was a regular customer, that he needed help in getting Postiglione and her friends to leave the bar. Marcuccilli, with Kelly behind him, walked Postiglione and her friends to the door. As Postiglione walked out, she yelled, "I'll kick that white bitch's ass[, ]" referencing another female customer. (Tr. Vol. 2 at 52). Once Postiglione and the others were out the door and had walked down the alley, Marcuccilli returned to the bar to work, and Kelly stood in the doorway for several minutes.

         [¶5] Shortly thereafter, Michael came back to the door of the bar, and Kelly, who was still in the doorway, directed him back into the alley. Kelly walked Michael down the alley near a dumpster, and Michael "took off running" towards his two male companions. (Tr. Vol. 2 at 77). Postiglione then came out from behind the dumpster, "got in [Kelly's] face[, ]" and started "screaming" at him. (Tr. Vol. 2 at 77). Postiglione grabbed Kelly's beard with both hands, put her feet on his thighs, and tried to "rip [his] beard out." (Tr. Vol. 2 at 78). Kelly, who felt "extreme[] pain[], " grabbed the top of his beard so Postiglione would not rip it out. (Tr. Vol. 2 at 78). In an attempt to get Postiglione to let go of his beard, he grabbed, but did not pull, Postiglione's hair and threatened to "rip her hair out" if she did not let go of his beard. (Tr. Vol. 2 at 78). Michael and Christopher came up and tried to pull Postiglione and Kelly apart and then repeatedly punched Kelly. Kelly did not punch back or hit anyone. As Postiglione was "latched onto" Kelly and the others were pulling on them, Kelly "lost his balance[, ]" fell to the ground, and broke his leg. (Tr. Vol. 2 at 101). As Kelly was on the ground, Christopher kicked him in the face and Michael "stomped" multiple times on Kelly's ankle, causing it to break. (Tr. Vol. 2 at 79). Postiglione and the others laughed at him and told him that he was going to jail.

         [¶6] Eventually, an employee of the bar, Maurice James ("James"), arrived in the alley and pulled Michael off Kelly. James heard Postiglione yelling, "trailer trash" and thought he saw her "kicking [Kelly] in his legs" while he was on the ground. (Tr. Vol. 2 at 140-41). Kelly was unable to walk and struggled to sit up against a fence. As he did so, he felt that "both places on [his] leg were definitely hurting very bad[ly]." (Tr. Vol. 2 at 79). Thereafter, the police arrived and arrested Postiglione and Christopher but not Michael because he had run away. Postiglione was "verbally combative" with the police and gave "smart aleck remarks." (Tr. Vol. 2 at 166). Kelly was taken to the ...


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