Taylor D. Johnson v. State of Indiana (mem. dec.)

• Court: Indiana Court of Appeals
• Decided: July 6, 2018
• Docket: 89A05-1709-CR-2245
• Status: Published

Opinion

MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), FILED this Memorandum Decision shall not be Jul 06 2018, 9:28 am regarded as precedent or cited before any 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 ATTORNEYS FOR APPELLEE Ronald J. Moore Curtis T. Hill, Jr. The Moore Law Firm Attorney General of Indiana Richmond, Indiana Caroline G. Templeton Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA

Taylor D. Johnson, July 6, 2018 Appellant-Defendant, Court of Appeals Case No. 89A05-1709-CR-2245 v. Appeal from the Wayne Superior Court State of Indiana, The Honorable Gregory A. Horn, Appellee-Plaintiff. Judge

Trial Court Cause No. 89D02-1403-FB-005

Barnes, Senior Judge.

Court of Appeals of Indiana | Memorandum Decision 89A05-1709-CR-2245 | July 6, 2018 Page 1 of 6 Case Summary [1] Taylor Johnson appeals his conviction for Class B felony aggravated battery.

We affirm.

Issue [2] Johnson raises one issue, which we restate as whether the evidence is sufficient

to sustain his conviction.

Facts [3] On January 20, 2014, Michael Cohee and his wife, Lori, were playing pool at

the E Street Pub in Richmond. Cohee, who is Caucasian, was either excited

about a pool shot or joking with his friends and used a racial slur in his

conversation. The racial slur was not directed at any person. Johnson, who is

African American, was also playing pool, overheard the slur, and reacted

angrily. Johnson hit Cohee on the hand with a pool cue. Eventually, the bar’s

security, Joshua Hayes, escorted Johnson out of the bar. Hayes asked the

Cohees to leave a few minutes later.

[4] After the Cohees left the bar, Johnson confronted them. Johnson tried to punch

Cohee, but Cohee was able to block the first punch. When Johnson punched

Cohee again, Cohee’s feet came off the ground, and his head hit a concrete

wall. Cohee was knocked unconscious, and he was transported to the local

hospital. Cohee had a fracture to the back of his skull, an intracranial

hemorrhage, and an injury to the brain tissue. He was transferred to Methodist

Hospital in Indianapolis, where he remained for the next month. Physicians Court of Appeals of Indiana | Memorandum Decision 89A05-1709-CR-2245 | July 6, 2018 Page 2 of 6 had to drill a hole in his skull to relieve pressure and place him in a coma. He

was eventually transferred to a rehabilitation hospital, where he had to learn to

swallow, walk, talk, and eat again. He has long-term side effects from the

injury, including a seizure disorder, memory problems, and weakness and

numbness on his right side.

[5] The State charged Johnson with two counts of Class B felony aggravated

battery, and a jury found Johnson guilty as charged. 1 The trial court sentenced

him only on the first aggravated battery charge and sentenced him to ten years

in the Indiana Department of Correction. Johnson now appeals.

Analysis [6] Johnson argues that the evidence is insufficient to sustain his conviction. In

reviewing the sufficiency of the evidence, we neither reweigh the evidence nor

judge the credibility of witnesses. Willis v. State, 27 N.E.3d 1065, 1066 (Ind.

2015). We only consider “the evidence supporting the judgment and any

reasonable inferences that can be drawn from such evidence.” Id. A conviction

will be affirmed if there is substantial evidence of probative value supporting

each element of the offense such that a reasonable trier of fact could have found

the defendant guilty beyond a reasonable doubt. Id. “‘It is the job of the fact-

finder to determine whether the evidence in a particular case sufficiently proves

1 Count I alleged that Johnson knowingly or intentionally inflicted injury on a person that created a substantial risk of death. Count II alleged that Johnson knowingly or intentionally inflicted injury on a person that caused protracted loss or impairment of the function of a bodily member or organ.

Court of Appeals of Indiana | Memorandum Decision 89A05-1709-CR-2245 | July 6, 2018 Page 3 of 6 each element of an offense, and we consider conflicting evidence most

favorably to the trial court’s ruling.’” Id. at 1066-67 (quoting Wright v. State, 828

N.E.2d 904, 906 (Ind. 2005)).

[7] At the time of the offense, Indiana Code Section 35-42-2-1.5, which governs the

offense of aggravated battery, provided:

A person who knowingly or intentionally inflicts injury on a person that creates a substantial risk of death or causes:

(1) serious permanent disfigurement;

(2) protracted loss or impairment of the function of a bodily member or organ; or

(3) the loss of a fetus;

commits aggravated battery, a Class B felony.

Count I alleged that Johnson knowingly or intentionally inflicted an injury on a

person that created a substantial risk of death.

[8] Johnson concedes that the injury suffered by Cohee created a substantial risk of

death. However, he contends that “there is no evidence that Mr. Johnson

intended to cause or create those particular injuries.” Appellant’s Br. p. 18.

Johnson argues that “knowingly or intentionally” mens rea applies to each

element of the offense including the creation of a substantial risk of death.

According to Johnson, Cohee’s severe injuries were “an unforeseeable result of

Court of Appeals of Indiana | Memorandum Decision 89A05-1709-CR-2245 | July 6, 2018 Page 4 of 6 Mr. Johnson’s intended battery.” Id. at 15. Johnson contends that “[a] single

punch to the face should be insufficient as a matter of law for a jury to

reasonably infer that a puncher intended an aggravated battery.” Id. at 14.

[9] Johnson acknowledges that this interpretation conflicts with Lowden v. State, 51

N.E.3d 1220 (Ind. Ct. App. 2016), trans. denied. In Lowden, the defendant’s

single punch knocked the victim unconscious and broke his jaw in two places.

The defendant was found guilty of aggravated battery. On appeal, we held that

“the severity of the injury is not an element of the prohibited conduct, but a

result of it.” Lowden, 51 N.E.3d at 1223. “Accordingly, the State was required

to prove only that Lowden knowingly or intentionally inflicted injury upon [the

victim] and not that Lowden knew he would cause serious bodily injury.” Id.

We decline Johnson’s invitation to “limit the holding in Lowden or reverse it

entirely.” Appellant’s Br. p. 24. Rather, based on Lowden, the State was not

required to prove that Johnson intended Cohee’s severe injuries.

[10] The State presented evidence that Johnson punched Cohee with sufficient force

to knock Cohee off his feet and hit his head on a concrete wall. The injury

caused severe injuries, including a “severe traumatic brain injury.” Tr. Vol. II

p. 63. Cohee almost died because of the injuries. The evidence is sufficient to

Court of Appeals of Indiana | Memorandum Decision 89A05-1709-CR-2245 | July 6, 2018 Page 5 of 6 demonstrate that Johnson intentionally inflicted injury on Cohee and that the

injury created a substantial risk of death.2

Conclusion [11] The evidence is sufficient to sustain Johnson’s conviction for Class B felony

aggravated battery.

[12] Affirmed.

Vaidik, C.J., and Pyle, J., concur.

2 Johnson also seems to argue that that Cohee’s alcohol consumption or ice on the ground caused his injuries. Johnson made this argument to the jury, and the jury rejected the argument. Johnson is merely asking that we reweigh the evidence, which we cannot do. Willis, 27 N.E.3d at 1066.

Court of Appeals of Indiana | Memorandum Decision 89A05-1709-CR-2245 | July 6, 2018 Page 6 of 6