Casey v. State

676 N.E.2d 1069, 1997 Ind. App. LEXIS 50, 1997 WL 35587
CourtIndiana Court of Appeals
DecidedJanuary 31, 1997
Docket32A01-9603-CR-84
StatusPublished
Cited by61 cases

This text of 676 N.E.2d 1069 (Casey v. State) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Casey v. State, 676 N.E.2d 1069, 1997 Ind. App. LEXIS 50, 1997 WL 35587 (Ind. Ct. App. 1997).

Opinions

OPINION

BAKER, Judge.

Appellant-defendant Tommy Casey was convicted of Intimidation,1 a Class C felony, and Battery,2 a Class C felony. On appeal, Casey challenges the sufficiency of the evidence to support his intimidation conviction and the trial court’s sentencing order.

FACTS

On August 12, 1995, Kimberly Williamson hosted a party for several friends, including her boyfriend, Douglas Russo, and Russo’s friend, Jeremy Chapman. At approximately 11:00 p.m. that evening, Kimberly and her friends left her house and traveled to Hoosier’s bar, leaving Russo and Chapman behind. Later that evening, Russo and Chapman drove to the bar. Chapman entered the bar and Russo remained outside. After a few minutes, Chapman left the bar and returned, with Russo, to Kimberly’s house.

While inside the bar, Kimberly saw Casey and Bryan Williamson, the brother of Kimberly’s estranged husband, Ben Williamson. Casey and Bryan began fighting with one of Kimberly’s friends. The fight escalated inside the bar and was subsequently removed to the outside of the bar.

Later that evening, Kimberly returned to her home and began watching television with Russo and Chapman. When Russo observed a person standing on a ledge outside a window on the second story of Kimberly’s residence, Kimberly, Russo and Chapman went outside to investigate. As soon as they stepped outside, they encountered Casey, who informed Kimberly, Russo and Chapman that they were surrounded by fifty people and should not try to run. Record at 276. Kimberly, Russo and Chapman were then approached by Casey, Bryan, Ben and a fourth, unidentified individual. Kimberly pleaded with Casey to leave, but he refused, stating “Get inside bitch, you’re next.” R. at 279. Casey then asked one of his companions to retrieve his gun from his car and stated that he was going to kill all of them. R. at 280, 392. Shortly thereafter, either Bryan or Ben handed Casey an aluminum baseball bat which he used to strike Russo on the back of the head. As a result of this blow, Russo suffered an injury which required eighteen stitches. Casey then turned to Kimberly and yelled again “You’re next bitch.” R. at 279, 352-53, 371, 394. Immediately, Chapman pushed Kimberly inside her home and locked the door. Casey remained outside, pounding on the door for approximately five minutes before departing. Later, Kimberly discovered that the windows of her vehicle and those of several of her guests’ had been smashed.

On August 18,1995, Casey was charged by information with battery, a class C felony, and intimidation, a class C felony. He was tried by a jury on November 21 and 22,1995, and convicted as charged. Throughout the trial, Casey objected to the State’s evidence on his intimidation charge claiming that it did not establish all of the elements necessary to support a conviction. The trial court overruled Casey’s various objections. Thereafter, the trial court sentenced Casey to eight years imprisonment for his battery conviction, with three years suspended, and five years for his intimidation conviction. The court ordered the sentences to be served concurrently, for a total sentence of five years imprisonment.

DISCUSSION AND DECISION

I. Sufficiency of the Evidence

First, Casey contends that the evidence was insufficient to support his convic[1072]*1072tion for intimidation. Initially, we note our standard for reviewing sufficiency claims. When reviewing a claim of insufficient evidence, we do not reweigh the evidence or reassess the credibility of witnesses. Green v. State, 575 N.E.2d 296, 302 (Ind.Ct.App.1991), trans. denied. Instead, we consider only the evidence most favorable to the verdict and any reasonable inferences to be drawn therefrom. Fleming v. State, 579 N.E.2d 73, 74 (Ind.1991). We will affirm the conviction if substantial evidence of probative value supports the conclusion of the trier of fact. Id.

To support a conviction for intimidation in this case, the State was required to show that the defendant: 1) communicated a threat; 2) to another person; 3) with the intent that the other person be placed in fear of retaliation for a prior lawful act; 4) while having a deadly weapon. I.C. § 35-45-2-1; Hendrix v. State, 615 N.E.2d 483, 484 (Ind.Ct.App.1993). According to Casey, the State’s allegations and proof are insufficient to show that his threats to Kimberly were intended to place her in fear of retaliation for a prior lawful act. Specifically, Casey argues that the legislature intended “a prior lawful act” to mean more than “not doing something illegal.” Appellant’s brief at 13. Thus, Casey contends that the State was required to prove more than merely that Kimberly was not breaking the law at the time she was threatened.

We begin by examining the intimidation statute. As we stated above, the State has the burden to show, among other things, that the defendant threatened the victim with the intent that she be placed in fear of retaliation for a prior lawful act. I.C. § 35-45-2-1. When determining the proper interpretation of a statute, we utilize the well-established rules of statutory construction. When construing a statute, our foremost duty is to determine and give effect to the true intent of the legislature. Indiana Dep’t of Human Services v. Firth, 590 N.E.2d 154, 157 (Ind.Ct.App.1992), trans. denied. We endeavor to give the statute in question a practical application so as to prevent absurdity, hardship, or injustice, and to favor public convenience. Baker v. State, 483 N.E.2d 772, 774 (Ind.Ct.App.1985), trans. denied. Additionally, we presume that all of the words appearing in the statute were intended to have meaning. Evansville v. Int'l Assoc. of Fire Fighters, Local 357, 516 N.E.2d 57, 59 (Ind.1987). Absent a clearly manifested purpose to the contrary, we endeavor to give the statutory language its plain and ordinary definition. Indiana Dep’t of Human Services, 590 N.E.2d at 157.

BLACK’S LAW DICTIONARY 885 (6th ed.1990), defines “lawful” as: “Legal; warranted or authorized by the law; having the qualifications prescribed by law; not contrary to nor forbidden by the law; not illegal.” “Retaliation” is defined as “to repay in kind; to return for like; to get revenge.” WEBSTER’S COLLEGIATE DICTIONARY 999 (10th ed.1993). Construing these words together, it is apparent that the legislature intended to require the State to prove that the victim had engaged in a prior act, which was not contrary to the law, and that the defendant intended to repay the victim for the prior lawful act. This interpretation is consistent with the few Indiana eases which have considered the sufficiency of the evidence to support an intimidation conviction. See Hendrix, 615 N.E.2d 483 (defendant convicted of intimidation on basis of threats made to officer because officer had arrested him); Johnson v. State,

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Bluebook (online)
676 N.E.2d 1069, 1997 Ind. App. LEXIS 50, 1997 WL 35587, Counsel Stack Legal Research, https://law.counselstack.com/opinion/casey-v-state-indctapp-1997.