Anthony T. Mickens, Appellant-Defendant,
State of Indiana, Appellee-Plaintiff.
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
Attorneys for Appellee Curtis T. Hill, Jr. Attorney General
of Indiana Matthew B. MacKenzie Deputy Attorney General
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
and Procedural History
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.
On February 4, 2017, one of Mickens's friends, George,
came over with another man. 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.
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
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.
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.
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.
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." 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.
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