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Mickens v. State

Court of Appeals of Indiana

December 10, 2018

Anthony T. Mickens, Appellant-Defendant,
State of Indiana, Appellee-Plaintiff.

          Appeal from the Marion Superior Court Trial Court Cause No. 49G05-1704-F1-13417 The Honorable Peggy R. Hart, Magistrate

          Attorneys for Appellant Valerie K. Boots Darren Bedwell Marion County Public Defender - Appellate Division Indianapolis, Indiana

          Attorneys for Appellee Curtis T. Hill, Jr. Attorney General of Indiana Matthew B. MacKenzie Deputy Attorney General Indianapolis, Indiana

          Mathias, Judge.

         [¶1] Following a bench trial in Marion Superior Court, Anthony T. Mickens ("Mickens") was convicted of Level 3 felony criminal confinement resulting in serious bodily injury, Level 5 battery resulting in serious bodily injury, and Class A misdemeanor theft and sentenced to an aggregate term of fifteen years of incarceration. Mickens appeals and argues that the State failed to present evidence sufficient to support his conviction for Level 3 felony criminal confinement.

         [¶2] We affirm.

         Facts and Procedural History

         [¶3] The victim in this case, A.S., began dating Mickens in late 2016, and Mickens eventually moved in to A.S.'s apartment. A.S.'s roommate did not approve of how Mickens treated A.S. and gave her an ultimatum-either Mickens would have to leave or A.S. could move out with Mickens. A.S. chose the latter option and moved with Mickens to the home of E.S., the mother of two of Mickens's children.

         [¶4] On February 4, 2017, one of Mickens's friends, George, came over with another man.[1] Soon thereafter, George and the other man confronted Mickens and cornered him near a door. A.S. told the two men not to harm Mickens, and approached George, who struck A.S. in the face, causing her to fall to the ground and injure her leg. A.S. asked Mickens to take her to the hospital, but he refused. The next day, A.S.'s leg had swollen to twice its original size, so she propped it up with a pillow and lay on the couch. Mickens told A.S. that, if she wanted to go to the hospital, she would have to find someone to take her, as he did not want any emergency vehicles coming to the house.

         [¶5] A.S. went to the hospital the following day, February 6, 2017. Tests revealed that A.S.'s leg had been broken in two separate places. When told by A.S. that the injury occurred during "events that happened at home," Tr. Vol. 2., p. 193, the treating physician informed her that the emergency room was a safe place to discuss domestic violence, but A.S. did not provide any further detail. The physician placed a cast on A.S.'s leg and prescribed Norco, a narcotic analgesic.

         [¶6] Mickens went to the pharmacy to pick up A.S.'s prescriptions, and A.S. stayed at home with the children. When Mickens returned home, he argued with his daughter, and A.S. made dinner. When she gave Mickens a plate of food, he threw the plate at her face and called her a "bitch." Id. at 235. This cut A.S.'s mouth. Mickens took A.S.'s pain medication, refused to give it to her, and stated that he was going to sell it. When E.S. came to the house, she could tell that A.S. had been crying and told Mickens to stop being mean to A.S. This request went unheeded.

         [¶7] At approximately 11:00 p.m. that night, Mickens attacked A.S. He struck her approximately eighteen times as he screamed at her. Mickens's daughter sent E.S. a message asking her to call the police because her father was attacking A.S. Mickens saw this and took his daughter's phone away and hid it. Mickens told A.S. to leave, but A.S. responded that she was the one watching the children. Furthermore, E.S. had told A.S. that the house belonged to her (E.S.) and that Mickens could not make A.S. leave. Mickens and his teenaged son began to throw A.S.'s belongings outside. Mickens even threw A.S.'s crutches outside and grabbed A.S. by her hair and dragged her outside down three stairs onto the front lawn. Mickens then poured a can of beer on A.S. and stomped on her already-broken leg over a dozen times. A neighbor saw A.S. and attempted to help her but did not call the police for fear of becoming Mickens's next target. Mickens dragged A.S. back inside, where he had sex with her. A.S. begged Mickens to call 911, but he refused.

         [¶8] The following morning, A.S. crawled to the bathroom and realized that her leg was so broken that a bone was almost protruding from her skin. Mickens agreed that A.S. would have to go to the hospital but again refused to allow A.S. to call 911. When Mickens left the home later than morning, A.S. found the cell phone that Mickens had hidden from his daughter and called for an ambulance.

         [¶9] The paramedic and EMT who arrived with the ambulance saw A.S.'s belongings still strewn on the front yard. When they reached A.S., her leg was so broken it was "floppy," and her foot was pointing in the wrong direction. Id. at 122. They also observed that a bone had almost broken through her skin. A.S. told the first responders that Mickens had stomped on her leg. The ambulance took A.S. to the hospital, where she was treated by the same physician who had seen her before. She noted that A.S.'s right ankle was "grossly deformed" and that A.S. was in "excruciating pain." Id. at 179. By this time, a splintered piece of bone had punctured through A.S.'s skin, and her ankle mortise, where the ankle bones come together, was "totally destroyed." Id. at 180. A.S. had to be anesthetized so that the physicians could perform a "joint reduction."[2] Id. at 182-83. Following this, A.S. underwent two surgeries to repair the bones in her ankle and remained in the hospital for two weeks.

         [¶10] On April 12, 2017, the State charged Mickens with two counts of Level 1 felony rape, one count of Level 3 criminal confinement resulting in serious bodily injury, one count of Level 5 battery resulting in serious bodily injury, two counts of Class A misdemeanor battery resulting in bodily injury, one count of Class A misdemeanor theft, one count of Class A misdemeanor interfering with the reporting of a crime, and one count of Class A misdemeanor domestic battery. A bench trial was held on January 25, 2018, and, on February 7, 2018, the trial court entered an order finding Mickens ...

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