Rodney W. Falls, Appellant-Defendant,
State of Indiana, Appellee-Plaintiff
from the Kosciusko Superior Court, No. 43D03-1802-F6-166 The
Honorable Joe V. Sutton, Judge
Petition to Transfer from the Indiana Court of Appeals, No.
ATTORNEY FOR APPELLANT, RODNEY FALLS Donald R. Shuler Goshen,
ATTORNEYS FOR APPELLEE, STATE OF INDIANA Curtis T. Hill, Jr.
Attorney General of Indiana, Tiffany A. McCoy Deputy Attorney
General Indianapolis, Indiana.
Kosciusko County jury convicted Rodney Falls of stalking, a
Level 6 felony, for following college student A.G.'s
vehicle for more than two hours as she attempted to evade
him. Falls's relentless pursuit of A.G. ended only after
she pulled into the parking lot of the Warsaw Police
Department for the second time and sought help.
Court of Appeals affirmed Falls's conviction and
sentence. It held that, under the totality of the
circumstances, Falls's actions fit the statutory
definition of stalking, which requires repeated or continuing
harassment, even though his actions took place over the
course of less than three hours.
grant transfer to reaffirm that a charge of stalking may be
supported by conduct that is continuous in nature, even if it
is a single episode.
and Procedural History
morning of February 13, 2018, as 19-year-old A.G. was stopped
at a red light during the trip from Valparaiso back to her
college in the Warsaw area, she observed Falls waving from
the vehicle next to her. A.G. ignored Falls, but she noticed
that he immediately got behind her as she drove away, and
continued to follow her-mimicking her actions, traveling down
the same roads, and trailing closely behind her-for the next
hour to hour and a half. Running low on gas but afraid she
would be in danger if she stopped, A.G. decided to continue
exiting the highway in Warsaw, A.G. took a circuitous route,
driving up and down the same side streets to ensure that it
was not a coincidence that Falls continued to follow her.
A.G. drove to the Warsaw Police Department for help, but when
she parked in the station's parking lot, Falls pulled in
between A.G.'s vehicle and the building entrance.
returned to the residential streets, and again, Falls
followed her. A.G. called 911 to confirm that the police
department was open, and then sped to the station to try to
lose Falls. When she returned to the station, she parked in
the same parking space and quickly walked to the front door,
only to see Falls park next to her vehicle and wave at her
police chief's assistant, who earlier had observed the
two vehicles pull into the parking lot and then quickly
leave, saw A.G. walk into the station entrance looking
"very frightened." She immediately buzzed A.G. into
the building without first asking her to state her business,
although this went against protocol. A sergeant went to talk
with and subsequently arrest Falls for stalking. During a
search of Falls's vehicle, which was impounded after his
arrest, the sergeant found a baggie of marijuana.
was charged with one count of Level 6 felony stalking and one
count of Class B misdemeanor possession of marijuana. A jury
found him guilty as charged, and Falls was sentenced to 30
months for the stalking conviction and six ...