William McNeal v. State of Indiana (mem. dec.)

• Court: Indiana Court of Appeals
• Decided: November 10, 2015
• Docket: 49A02-1503-CR-130
• Status: Published

Opinion

MEMORANDUM DECISION

Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be Nov 10 2015, 9:38 am regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case.

ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE Ellen F. Hurley Gregory F. Zoeller Indianapolis, Indiana Attorney General of Indiana Karl Scharnberg Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA

William McNeal, November 10, 2015 Appellant-Defendant, Court of Appeals Case No. 49A02-1503-CR-130 v. Appeal from the Marion Superior Court State of Indiana, The Honorable William J. Nelson, Appellee-Plaintiff Judge, and the Honorable Shannon L. Logsdon, Commissioner Trial Court Cause No. 49F18-1403-FD-12074

Mathias, Judge.

[1] Following a jury trial in Marion Superior Court, William McNeal (“McNeal”)

was convicted for Class D felony resisting law enforcement and Class B

Court of Appeals of Indiana | Memorandum Decision 49A02-1503-CR-130 | November 10, 2015 Page 1 of 5 misdemeanor unauthorized entry of a motor vehicle. He was ordered to serve

545 days on home detention with 185 days suspended to probation. On appeal,

McNeal argues that the State failed to present sufficient evidence to support his

conviction for resisting law enforcement.

[2] We affirm.

Facts and Procedural History

[3] Late in the evening on March 8, 2014, Brandon Jones (“Jones”) returned to a

friend’s house after he purchased some groceries. He left his 2001 blue

Chevrolet Monte Carlo running in the alley as he transported the groceries from

the car into the house. As he walked into the house, he heard the sound of

squealing tires and immediately ran outside only to see his car speeding away.

Jones called 911 and reported his car stolen.

[4] Officer Daniel Brezik (“Officer Brezik”) of the Indianapolis Metropolitan Police

Department (“IMPD”) was dispatched to the location where Jones’s car was

stolen around 8:40 p.m. After taking a statement from Jones and getting a better

description of the car, Officer Brezik broadcasted the car’s description over his

police radio.

[5] Around 9:00 p.m., IMPD Officer Michael Leepper (“Officer Leepper”), was

just starting his shift nearby when he heard Officer Brezik’s broadcast about the

stolen vehicle. About one hour later, while on patrol, Officer Leepper was at the

intersection of Michigan Street and Linwood Avenue heading south when he

Court of Appeals of Indiana | Memorandum Decision 49A02-1503-CR-130 | November 10, 2015 Page 2 of 5 noticed a blue Monte Carlo stopped at a traffic light. He drove past the car and

confirmed that the license plate matched the one from Jones’s stolen vehicle.

Officer Leepper then turned around to initiate a traffic stop and activated his

emergency lights. He also requested back-up assistance.

[6] McNeal, who was driving the car, turned onto Michigan, a one-way street,

going the wrong direction but quickly stopped after turning into a parking lot.

Officer Leepper pulled up behind him, stepped out of his vehicle, and began to

approach the car. As Officer Leepper approached, McNeal drove away and

turned back onto Linwood Avenue. Officer Leepper indicated on his radio that

McNeal had fled. McNeal stopped the car shortly after several more police cars

pulled behind him with their lights and sirens activated.

[7] The State charged McNeal with Class D felony auto theft, Class D felony

resisting law enforcement, and Class B misdemeanor unauthorized entry of a

motor vehicle. After a jury trial on January 22, 2015, McNeal was convicted on

all charges except Class D felony auto theft. At the February 4, 2015 sentencing

hearing, the trial court ordered him to serve an aggregate sentence of 545 days

executed on home detention and 185 days suspended to probation. McNeal

now appeals.

Discussion and Decision

[8] McNeal argues that his conviction was not supported by sufficient evidence.

“Upon a challenge to the sufficiency of evidence to support a conviction, a

reviewing court does not reweigh the evidence or judge the credibility of

Court of Appeals of Indiana | Memorandum Decision 49A02-1503-CR-130 | November 10, 2015 Page 3 of 5 witnesses, and respects the jury’s exclusive province to weigh conflicting

evidence. Montgomery v. State, 878 N.E.2d 262, 265 (Ind. Ct. App. 2007)

(quoting McHenry v. State, 820 N.E.2d 124, 126 (Ind. 2005)). We consider only

probative evidence and reasonable inferences supporting the verdict. Id. We

must affirm if the probative evidence and reasonable inferences drawn from the

evidence could have allowed a reasonable trier of fact to find the defendant

guilty beyond a reasonable doubt. Id.

[9] The State was required to prove beyond a reasonable doubt that McNeal:

[k]nowingly or intentionally fle[d] from a law enforcement officer after the officer ha[d], by visible or audible means, including operation of the law enforcement officer’s siren or emergency lights, identified himself or herself and ordered [him] to stop.

Ind. Code § 35-44.1-3-1(1)(a)(3). This is a Class D felony if the person

uses a vehicle to commit the offense. Ind. Code § 35-44.1-3-

1(1)(a)(3)(b)(1)(A).

[10] McNeal disputes that he fled from law enforcement. He contends that he did

not see Officer Leepper’s emergency lights, that he did not know he was being

ordered to stop, and that he stopped after he saw the other police cars with their

lights and sirens activated.

[11] At trial, Officer Leepper testified that he pulled behind McNeal with his

emergency lights activated. After driving down the wrong way of a one-way

street, McNeal pulled into a parking lot and stopped. As Officer Leepper

approached the vehicle on foot, McNeal drove away and was apprehended

Court of Appeals of Indiana | Memorandum Decision 49A02-1503-CR-130 | November 10, 2015 Page 4 of 5 shortly thereafter by a couple of back-up officers that Officer Leepper had

requested when he identified the vehicle as stolen. Based on this evidence, it

was reasonable for a jury to conclude that McNeal knowingly fled from Officer

Leepper in a vehicle.

[12] The jury has the discretion to weigh Officer Leepper’s credibility against

McNeal’s’ credibility. We must respect this discretion. See McHenry, 820 N.E.2d

at 126. We therefore conclude that the State presented sufficient evidence to

support McNeal’s conviction and we affirm his Class D felony resisting law

enforcement conviction.

[13] Affirmed.

Baker, J., and Bailey, J., concur.

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