James A. Camp v. State of Indiana (mem. dec.)

CourtIndiana Court of Appeals
DecidedAugust 5, 2019
Docket19A-CR-25
StatusPublished

This text of James A. Camp v. State of Indiana (mem. dec.) (James A. Camp 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.

Bluebook
James A. Camp v. State of Indiana (mem. dec.), (Ind. Ct. App. 2019).

Opinion

MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), FILED this Memorandum Decision shall not be Aug 05 2019, 5:32 am

regarded as precedent or cited before any CLERK Indiana Supreme Court court except for the purpose of establishing Court of Appeals and Tax Court the defense of res judicata, collateral estoppel, or the law of the case.

ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE Daniel J. Vanderpool Curtis T. Hill, Jr. Vanderpool Law Firm, PC Attorney General of Indiana Warsaw, Indiana Sierra A. Murray Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA

James A. Camp, August 5, 2019 Appellant-Defendant, Court of Appeals Case No. 19A-CR-25 v. Appeal from the Wabash Circuit Court State of Indiana, The Honorable Appellee-Plaintiff. Robert R. McCallen III, Judge Trial Court Cause No. 85C01-1705-F1-585

Kirsch, Judge.

Court of Appeals of Indiana | Memorandum Decision 19A-CR-25 | August 5, 2019 Page 1 of 18 [1] James A. Camp (“Camp”) was convicted of child molesting as a Level 1

felony,1 child molesting as a Level 4 felony,2 and attempted child molesting as a

Level 1 felony.3 He raises two issues, which we restate as:

I. Whether sufficient evidence was presented to support his conviction for child molesting as a Level 1 felony because, he contends, there was no evidence that he actually touched the sex organ of the victim; and

II. Whether his aggregate sentence of forty years is inappropriate.

[2] We affirm in part and reverse in part.

Facts and Procedural History [3] E.S., E.K., J.K., and A.M. (collectively, “the children”) were friends who

attended Shady Creek Elementary School near the small town of Lagro,

Indiana. Tr. Vol. 2 at 40-42, 125, 127-28, 179. A.M. was nine years old as was

J.K., who is the younger brother of E.K, age eleven. Id. at 39-40, 48, 129, 179,

230-32. E.S. was nine years old. Id. at 151. Camp, age fifty-three, and his wife

Debra, age fifty-six, also lived in Lagro and regularly let the children visit their

home where the children would eat, watch movies, and play with Camp’s drum

1 See Ind. Code § 35-42-4-3(a)(1). 2 See Ind. Code § 35-42-4-3(b). 3 See Ind. Code § 35-41-5-1(a); Ind. Code § 35-42-4-3(a)(1).

Court of Appeals of Indiana | Memorandum Decision 19A-CR-25 | August 5, 2019 Page 2 of 18 set and action figures. Id. at 46-50, 131-34, 138. E.S., E.K., and J.K.

occasionally spent the night at Camp’s home. Id. at 144, 190.

[4] Camp is mentally impaired and suffers from several illnesses. He suffered two

traumatic brain injuries as a child, one as an infant and the other as a high

school freshman; the second injury put Camp into a coma for two weeks. Tr.

Vol. 3 at 129-30. He did not complete high school or obtain a G.E.D. Id. at

119. Camp’s I.Q. of 79 places him in the bottom five percent of the population.

Tr. Vol. 4 at 47-48. Camp’s cognitive problems include a poor short-term

memory. Id. at 43. Camp suffers from depression, anxiety, schizophrenia, and

diabetes. Tr. Vol. 3 at 176; Tr. Vol. 4 at 195-96. Camp’s only prior conviction

was for driving while suspended, a Class A misdemeanor. Tr. Vol. 4 at 196.

Camp does not work and receives a monthly disability check. Tr. Vol. 3 at 186-

88.

[5] On May 15, 2017, the children gathered to play at E.S.’s home. Tr. Vol. 2 at 57-

58. J.K. left the home for a few minutes, and A.M., E.S., and E.K.

(collectively, “the girls”) walked to the grounds of the nearby church for a water

fight. Id. at 57-59. Once the girls were soaked, they stopped the water fight,

and J.K. rejoined them a few minutes later. Id. at 60-61. The children walked

to Camp’s home, which was only one-half block away, and Camp let them

come inside. Id. at 61-63. Camp was alone because Debra was at work. Id. at

63. Camp told the girls to change, gave them dry towels, and put their wet

clothes in the dryer. Id. at 64-66. The girls changed in the bedroom, returned

Court of Appeals of Indiana | Memorandum Decision 19A-CR-25 | August 5, 2019 Page 3 of 18 to the living room wrapped in towels, and sat on the couch with Camp. Id. at

66-68. J.K. sat on the floor. Id. at 67.

[6] Camp let one of the girls put in a videotaped pornographic film, Not the Wizard

of Oz. Id. at 67-68. During the movie, Camp reached under A.M.’s towel and

rubbed her breasts and vagina. Id. at 69-73. A.M. was uncomfortable, so she

moved away from Camp. Id. at 74. Camp pulled down his pants and showed

the children his penis. Id. at 201. A.M. “triple-dog dared” Camp to do

something to her that was depicted in the pornographic movie. Id. at 196-97;

Tr. Vol. 3 at 155-57. A.M., E.K., and E.S. went into the bedroom, and Camp

followed them in. Tr. Vol. 2 at 77. J.K. stayed in the living room. Id.

[7] While in the bedroom, Camp again rubbed A.M.’s vagina. Id. at 77-78. E.S.

“double-dog-dared” Camp to lick A.M.’s vagina. Id. at 80-81. Camp then put

his head between A.M.’s legs and licked the bare skin of her vagina. Id. at 79-

80; Tr. Vol. 3 at 208-09. Camp returned to the living room, and the dryer

indicated that the girls’ clothes were done. Tr. Vol. 2 at 82. The girls put their

clothes back on, and all the children left Camp’s home. Id. at 82-83.

[8] The next day, E.S.’s mother and A.M.’s mother approached Camp’s home to

confront him. Tr. Vol. 3 at 171, 216. E.S.’s mother was carrying a gun, and

A.M.’s mother was carrying a baseball bat. Id. After observing the women

approaching, Camp called the police, stating he needed to speak to someone

because he had done something wrong. Id. Officer Ryan Chambers (“Officer

Chambers”) arrived at Camp’s home, and, soon after, Camp voluntarily

Court of Appeals of Indiana | Memorandum Decision 19A-CR-25 | August 5, 2019 Page 4 of 18 accompanied Officer Chambers to the Sheriff’s Department to speak with

Detective Mike Davis (“Detective Davis”). Id. at 49-50, 74, 172. During the

interview with Detective Davis, Camp stated that the kids “threw [him] under

the bus.” Id. at 223.

[9] On May 22, 2017, the State charged Camp with Count I, child molesting, a

Level 1 felony; Count II, child molesting, a Level 4 felony, and Count III,

performing sexual conduct in the presence of a minor, a Level 6 felony.

Appellant’s App. Vol. II at 22. The State later moved to dismiss Count III and

moved to add a new Count III, attempted child molesting, a Level 1 felony. Id.

at 58-62. The trial court granted the State’s requests. Id. at 8-9, 65.

[10] The jury trial began on November 7, 2018, and the jury found Camp guilty of

all counts. Tr. Vol. 2 at 2; Tr. Vol. 4 at 179. At the December 7, 2018 sentencing

hearing, Camp expressed remorse:

Q. If [the children] were here, what would you like to say to them? There are family members here.

A. There’s are - there are family members here and I would just like to say I’m sorry. It should have never happened. I know that. I’ve spent the last year and seven months in jail thinking about what happened. I am sorry. I can’t take it back. I wish I could. But I am very sorry. I am sorry.

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