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,
of the Case
Racquel Postiglione ("Postiglione") appeals the
trial court's restitution order entered following her
conviction for Class A misdemeanor battery resulting in
bodily injury. 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
the trial court abused its discretion by ordering Postiglione
to pay $18, 451.33 in restitution to the victim.
Around 1:00 a.m. on April 24, 2015, Postiglione and three
male friends, including her boyfriend, Christopher Shafer
("Christopher"),  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).
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.
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.
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 ...