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R.W., Appellant-Defendant, v. STATE (2021)

Court of Appeals of Indiana.2021-03-24No. Court of Appeals Case No. 20A-JV-1931

Summary

Holding. The appellate court affirmed the juvenile court's adjudication that the juvenile committed what would constitute Level 6 felony resisting law enforcement if committed by an adult, finding sufficient evidence that he was the driver of the stolen vehicle that fled from police.

A juvenile was adjudicated delinquent for resisting law enforcement after police observed him in the driver's seat of a stolen vehicle that fled from officers with lights and sirens activated. The vehicle crashed into an apartment building at the end of a high-speed pursuit through an apartment complex. Officers testified they found the juvenile in the driver's seat after the crash and discovered the vehicle's key fob in his pocket. The juvenile argued that a third person was actually driving and had exited the moving vehicle before the crash, but the appellate court determined sufficient evidence supported the juvenile court's finding that he was the driver who fled from police.

The appellate court applied the standard for reviewing sufficiency of evidence in juvenile adjudications, considering only evidence favorable to the adjudication and reasonable inferences from that evidence. The court found that testimony placing the juvenile in the driver's seat, combined with the key fob recovered from his possession and the absence of evidence that anyone exited the vehicle before the crash, provided a reasonable basis for the juvenile court to conclude the juvenile was the driver. The court declined to reweigh evidence or reassess witness credibility, which is not appropriate under the appellate standard of review.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Whether sufficient evidence proved the juvenile was the driver of the fleeing vehicle
  • Standard of review for sufficiency of evidence in juvenile adjudications
  • Identification of driver based on post-crash positioning and possession of key fob

Procedural posture

The juvenile appealed his adjudication for resisting law enforcement from the juvenile court's true-finding at an August 2020 hearing, following a September 2020 dispositional order.

Authorities cited

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Opinion

MEMORANDUM DECISION

STATEMENT OF THE CASE

[1] Appellant-Respondent, R.W., appeals his adjudication for what would have been resisting law enforcement, a Level 6 felony, Ind. Code §§ 35-44.1-3-1(a)(3), (c)(1)(A), if committed by an adult.

[2] We affirm.

ISSUE

[3] R.W. presents the court with one issue, which we restate as: Whether the State proved beyond a reasonable doubt that he was the driver of the vehicle that did not stop after an officer signaled with his patrol cars lights and sirens.

FACTS AND PROCEDURAL HISTORY

[4] On November 5, 2019, Officer Evan Meyer (Officer Meyer) of the Indianapolis Metropolitan Police Department was on patrol near College Avenue and 30th Street in Indianapolis. He observed a red Dodge Journey without its headlights on turn onto Park Avenue from 33rd Street. Officer Meyer checked the vehicles license plate number and learned that the vehicle had been reported as stolen. Officer Meyer followed the vehicle for several blocks until it suddenly began to accelerate. At that time, Officer Meyer activated his patrol cars lights and sirens and continued to follow the vehicle as it entered the Blackburn Terrace Apartments complex. Officer Todd Hammons (Officer Hammons) joined the pursuit behind Officer Meyers patrol car.

[5] The Dodge Journey drove through the apartment complex at approximately forty miles per hour, twice the posted speed limit, hitting multiple speed bumps along the way. Officer Hammons narrated the pursuit over the police radio and, at one point, called out that subjects had bailed from the vehicle and might run north, although they had not. The vehicle eventually came to a dead end, left the roadway, and crashed into an apartment building.

[6] The officers initiated a felony stop with their guns drawn. They ordered front-seat passenger D.D. out of the vehicle first. The vehicle had penetrated the building to such an extent that D.D. was forced to climb out the back passenger window to exit the vehicle. R.W., who was in the drivers seat, similarly had to crawl out the back driver-side window. R.W. was taken into custody and reported that he was a juvenile. He was searched by Officer Robert Camphor (Officer Camphor), who found the key fob for the Dodge Journey in R.W.’s pocket.

[7] On November 6, 2019, the State filed its Petition, alleging that R.W. had committed acts that would have constituted Level 6 felony resisting law enforcement and Class B misdemeanor reckless driving if committed by an adult. On August 24, 2020, the juvenile court held a hearing on the Petition. Officers Hammons and Camphor both testified that they observed R.W. in the vehicles drivers seat after the crash. Officer Hammons explained at trial that he had preemptively or mistakenly called out that subjects had bailed from the vehicle but that he had not actually seen anyone exit the vehicle prior to the crash. R.W. testified on his own behalf that a third person drove the vehicle that day, he had asked the driver to stop, and that the driver had exited the moving vehicle on a curve and run away. At the conclusion of the evidence, the juvenile court entered a true-finding as to the resisting law enforcement allegation only. On September 24, 2020, the juvenile court held a dispositional hearing at which it ordered the case closed and discharged R.W. to Community Corrections, which was supervising him by that time.

[8] R.W. now appeals. Additional facts will be provided as necessary.

DISCUSSION AND DECISION

[9] R.W. challenges the evidence supporting his adjudication for Level 6 felony resisting law enforcement. “When reviewing the sufficiency of the evidence in a juvenile adjudication, we do not reweigh the evidence or judge witness credibility.” B.T.E. v. State, 108 N.E.3d 322, 326 (Ind. 2018). In addition, we consider only the evidence favorable to the adjudication and the reasonable inferences supporting it. Id. We will affirm the adjudication if a reasonable trier of fact could conclude that the juvenile was guilty beyond a reasonable doubt. Id.

[10] The State alleged that R.W. committed Level 6 felony resisting law enforcement as follows:

On or about the 5th day of November, 2019, [R.W.], using a vehicle, did knowingly or intentionally flee from [Officer] Meyer, a law enforcement officer, after said officer had identified himself by visible and/or audible means, to wit: being in a fully marked police vehicle with lights and siren activated, and ordered said [R.W.] to stop.

(Appellants App. Vol. II, p. 17). R.W. challenges only the evidence supporting his identity as the driver of the vehicle.

[11] Officers Hammons and Camphor both testified at the hearing that R.W. was in the drivers seat of the vehicle after it had crashed into the apartment building. Officer Hammons testified that he had not observed anyone exit the vehicle prior to the crash, and Officer Meyer, who was directly behind the fleeing vehicle, did not testify that he saw a third person exit the vehicle at any time. The key fob, the means to operate the vehicle, was found in R.W.’s pocket after the crash. It was reasonable for the juvenile court to infer from this evidence that R.W. was the driver of the vehicle and had fled after Officer Meyer activated his patrol cars lights and sirens.

[12] R.W. argues that the State did not make its case because evidence was presented at the hearing that viewing conditions inside the vehicle were poor, Office Hammons reported that subjects had bailed from the vehicle prior to the crash, he had exited from the back seat of the car after the crash, and a third person was the driver. However, these arguments are simply an invitation for us to reweigh the evidence and reassess the credibility of the witnesses, which is contrary to our standard of review. See B.T.E., 108 N.E.3d at 326. As such, we will not disturb the juvenile courts true-finding.

CONCLUSION

[13] Based on the foregoing, we conclude that the State proved beyond a reasonable doubt that R.W. committed what would have been Level 6 felony resisting law enforcement if committed by an adult.

[14] Affirmed.

Riley, Judge.

[15] Mathias, J. and Crone, J. concur