Johnathan Olson and Austin J. Mahoney, Appellants-Defendants,
State of Indiana, Appellee-Plaintiff.
from the Vigo Superior Court The Honorable Michael J. Lewis,
Judge Trial Court Cause Nos. 84D06-1809-F2-3494
ATTORNEY FOR APPELLANT - JOHNATHAN OLSON Michael G. Moore
ATTORNEY FOR APPELLANT - AUSTIN MAHONEY Leanna Weissmann
ATTORNEYS FOR APPELLEE Curtis T. Hill, Jr. Attorney General
of Indiana Ian McLean Supervising Deputy Attorney General
of the Case
In this consolidated appeal, Johnathan Olson and Austin
Mahoney appeal the trial court's denial of their motions
to dismiss the State's charges against them for robbery,
as Level 2 felonies. Olson and Mahoney present two issues for
1. Whether the trial court erred when it denied their motions
to dismiss the charges.
2. Whether the State is collaterally estopped from
prosecuting them for robbery.
and Procedural History
In 2018, Olson, Mahoney, and four of their friends, all
minors, visited the Jiffy Mini Mart in Terre Haute and stole
items from the store "on multiple occasions."
Appellants' App. Vol. 2 at 14. On September 20, the group
stole items from the store, and when they returned to the
store later that evening, Jiffy Mini Mart employee Robert
Bailey confronted them and asked them to leave the store.
While Bailey was distracted by other members of the group,
Mahoney reached over a counter and stole a package of cigars.
Mahoney and the group then exited the store, with Bailey
Once outside in the parking lot, the young men surrounded
Bailey and, when Bailey tried to get away, Mahoney punched
Bailey in the head. A passerby, Ron Deitz, intervened in an
attempt to aid Bailey, and the group threatened Deitz. In the
meantime, one of the young men struck Bailey in the head and
knocked him to the ground. While Bailey was lying on the
ground, Mahoney kicked Bailey in the stomach, and Olson
"stomp[ed]" on Bailey's head. Id. The
group then fled the scene.
The State charged Olson and Mahoney each with robbery, as a
Level 2 felony; battery, as a Level 5 felony; theft, as a
Class A misdemeanor; criminal mischief, as a Class A
misdemeanor; and criminal trespass, as a Class A misdemeanor.
The robbery charges meant that Olson and Mahoney would be
tried as adults. See Ind. Code §
31-30-1-4(a)(6)(B) (2019) (providing that if an individual is
at least sixteen years old and commits robbery resulting in
bodily injury a juvenile court lacks jurisdiction over the