Cortez Walker v. State of Indiana (mem. dec.)
This text of Cortez Walker v. State of Indiana (mem. dec.) (Cortez Walker v. State of Indiana (mem. dec.)) 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.
Opinion
MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), FILED this Memorandum Decision shall not be regarded as precedent or cited before any Jun 08 2020, 8:53 am
court except for the purpose of establishing CLERK Indiana Supreme Court the defense of res judicata, collateral Court of Appeals and Tax Court estoppel, or the law of the case.
ATTORNEY FOR APPELLANT ATTORNEY FOR APPELLEE Mark S. Lenyo Benjamin J. Shoptaw South Bend, Indiana Deputy Attorney General Indianapolis, Indiana
IN THE COURT OF APPEALS OF INDIANA
Cortez Walker, June 8, 2020 Appellant-Defendant, Court of Appeals Case No. 19A-CR-3025 v. Appeal from the St. Joseph Superior Court State of Indiana, The Honorable Julie P. Verheye, Appellee-Plaintiff. Magistrate Trial Court Cause No. 71D07-1907-CM-2594
Najam, Judge.
Statement of the Case [1] Cortez Walker appeals his conviction for disorderly conduct, as a Class B
misdemeanor, following a bench trial. Walker raises one issue for our review,
Court of Appeals of Indiana | Memorandum Decision 19A-CR-3025 | June 8, 2020 Page 1 of 5 namely, whether the State presented sufficient evidence to rebut his claims of
self-defense and defense of others. We affirm.
Facts and Procedural History [2] On July 1, 2019, Johnnie Anderson and his wife, Arnetta, stopped at a Burger
King restaurant so that Arnetta could use the restroom. While Arnetta was
inside, Walker and his girlfriend, Andrea Campbell, arrived at the Burger King
in Walker’s car. Also with them were Walker and Campbell’s children and
Campbell’s brother. Walker stopped in the parking lot, but he and Campbell
remained in the car. Arnetta then exited the restaurant and saw Walker’s car in
between the entrance and her car. Arnetta had a restraining order against
Walker, so she was “skeptical” of walking by his vehicle because she “didn’t
know if he was going to hit [her] or not.” Tr. Vol. II at 16.
[3] When Arnetta passed Walker’s car, Campbell said that she “needed to fight”
Arnetta. Id. at 17. In response, Arnetta said “I’m right here, [Campbell], let’s
fight.” Id. However, Arnetta kept walking toward her car. At that point,
Walker moved his car to a parking spot, and Campbell got out of the car. After
Campbell exited her vehicle, Arnetta went over to her, and the two women
decided to fight each other. Arnetta then “threw the first punch.” Id. at 28.
[4] As soon as the women began to fight, Walker and other individuals got out of
Walker’s car and “jumped in” the fight. Id. at 29. During the altercation,
Walker and the others struck and kicked Arnetta, and one of Campbell’s
children pulled Arnetta’s hair. Id. at 19. At some point, Arnetta was “pushed
Court of Appeals of Indiana | Memorandum Decision 19A-CR-3025 | June 8, 2020 Page 2 of 5 to the ground.” Id. While Arnetta was on the ground, Walker “kicked [her] in
[her] head.” Id. At that point, Johnnie got involved in order “to get them off”
of Arnetta. Id. at 25. Johnnie then fell to the ground, and Walker and another
man “kicked” and “stomped on” on him. Id. at 48.
[5] Campbell’s brother, who was the manager of Burger King, broke up the fight.
Johnnie and Arnetta left Burger King and went to the hospital, and they called
the police. Officer David Boutsomsy with the South Bend Police Department
responded to the call, and he met Johnnie and Arnetta at the hospital. Officer
Boutsomsy observed that Johnnie had lacerations to his head and legs and that
his arm was in a sling. He also observed that Arnetta had some bruising and
other “minor injuries.” Id. at 8.
[6] The State charged Walker with disorderly conduct, as a Class B misdemeanor.
At his ensuing bench trial, Walker admitted that he had kicked Arnetta in the
head and that he had fought Johnnie, but he asserted that he had acted in self-
defense and in the defense of others. The court found that Walker “chose to
participate” in the fight and that he had kicked two people who were “down on
the ground.” Id. at 84. Accordingly, the court rejected Walker’s defenses and
found him guilty. This appeal ensued.
Discussion and Decision [7] On appeal, Walker asserts that the State failed to present sufficient evidence to
rebut his self-defense and defense of others claims. “‘A valid claim of defense
of oneself or another person is legal justification for an otherwise criminal act.’”
Court of Appeals of Indiana | Memorandum Decision 19A-CR-3025 | June 8, 2020 Page 3 of 5 Simpson v. State, 915 N.E.2d 511, 514 (Ind. Ct. App. 2009) (quoting Hobson v.
State, 795 N.E.2d 1118, 1121 (Ind. Ct. App. 2003)). To prevail on a claim of
self-defense or defense of a third person, the defendant must show that he was
in a place where he had a right to be; did not provoke, instigate, or participate
willingly in the violence; and had a reasonable fear of death or great bodily
harm. See id.
[8] When a claim of self-defense or defense of a third person is raised and finds
support in the evidence, “the State has the burden of negating at least one of the
necessary elements beyond a reasonable doubt.” Id. The State may meet its
burden by either rebutting the defense directly or by relying on the sufficiency of
the evidence in its case-in-chief. Id. Whether the State has met its burden is a
question for the trier of fact. Miller v. State, 720 N.E.2d 696, 700 (Ind. 1999).
[9] We review a challenge to the sufficiency of the evidence to rebut such defenses
using the same standard as for any claim of insufficient evidence. Simpson, 915
N.E.2d at 514. We “neither reweigh the evidence nor judge the credibility of
the witnesses. If there is sufficient evidence of probative value to support the
conclusion of the trier-of-fact, then the [judgment] will not be disturbed.” Id.
(citations omitted).
[10] Here, Walker asserts that he was legally justified in fighting Arnetta and
Johnnie because he was “without fault” as he only became involved after
Arnetta “coaxed” Campbell into a physical confrontation. Appellant’s Br. at 9.
Court of Appeals of Indiana | Memorandum Decision 19A-CR-3025 | June 8, 2020 Page 4 of 5 He further contends that he was acting to protect Campbell and his children
“from the imminent use of unlawful force” by Arnetta. Id. at 10.
[11] However, the evidence most favorable to the trial court’s judgment indicates
that, after Campbell and Arnetta started to fight one another, Walker joined in.
Indeed, even after Arnetta had been pushed to the ground, Walker kicked her in
the head. The evidence further demonstrates that Johnnie intervened in an
attempt to pull everyone off of Arnetta and, in the process, he fell to the ground.
And even though Johnnie was on the ground, Walker proceeded to “kick[]”
and “stomp[]” on him. Tr. Vol. II at 48. In other words, Walker continued to
fight two people even after they had fallen to the ground. That evidence is
sufficient to show that Walker willing participated in the fight. It is also
sufficient to show that, at the time he kicked Arnetta and Johnnie, Walker was
no longer in reasonable fear for his safety or the safety of others. Accordingly,
the State presented sufficient evidence to rebut Walker’s claims of self-defense
and defense of others.
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