Casey L. Hill, Appellant-Defendant,
State of Indiana, Appellee-Plaintiff
from the Jennings Circuit Court, The Honorable Jonathan W.
Webster, Judge, Trial Court Cause No. 40C01-1701-F6-1
Attorney for Appellant Jennifer A. Joas Madison, Indiana
Attorneys for Appellee Curtis T. Hill, Jr. Attorney General
of Indiana George P. Sherman Deputy Attorney General
Casey L. Hill appeals his conviction for Level 6 felony
intimidation. On appeal, he contends that the trial court
admitted evidence of his subsequent bad acts in violation of
Indiana Evidence Rule 404(b).
& Procedural History
Hill began a relationship with Jennifer Malott in 1999. They
lived together for a number of years and have two children
together. Malott moved out with the children in the fall of
2015 after Hill battered her. Thereafter, Malott and Hill
continued to see each other occasionally and even lived
together again for a few months in 2016. Hill's physical
abuse of Malott escalated during this time from hitting to
"choking, knives, being held at gunpoint."
Transcript Vol. 2 at 159. Malott's tactic became
trying to calm Hill down and do what he wanted when he became
upset with her.
In December 2016, Hill was living with friends - the Miller
family - in Danville, and Malott and the children were living
with her cousin in Hayden. At Hill's urging, Malott made
arrangements so that Hill could spend time with the children
at Christmas. They stayed together with the children at a
hotel in Greenwood from December 24 through December 26. When
Malott received a message on her phone on Christmas morning,
Hill became jealous and demanded to see the phone. Malott
refused, resulting in Hill holding a knife to her and
throwing her against a wall. Despite this, Malott drove Hill
and the children to Danville that evening to visit with the
Millers. An argument broke out between Hill and Malott on the
Millers' front porch at some point that evening. A
neighbor called the police believing that Hill struck Malott.
After the police came and went, the Millers informed Hill
that he could no longer live with them. Malott, Hill, and the
children returned to the hotel.
After checking out on the morning of December 26, Malott
drove Hill back to Danville. They waited for several hours
because Hill was locked out of the Millers' residence.
Malott eventually drove Hill to his half-brother Richard
Sealy's home in Commiskey. Richard and his wife Suzanne
observed that Hill was in an agitated state when he arrived
that evening. Malott briefly informed Richard of the recent
abuse while Hill was outside retrieving his belongings from
the vehicle. Richard asked Hill later about the abuse, and
Hill indicated that nothing had happened.
As Malott drove back to Hayden that night with the children,
Hill began calling and arguing with her on the phone.
Eventually, Malott stopped answering her phone. Hill then
sent Malott the follow text messages:
[9:31 p.m.] I see you don't have anything to talk to me