MEMORANDUM DECISION
Pursuant to Ind. Appellate Rule 65(D),
this Memorandum Decision shall not be Sep 25 2015, 10:44 am
Sep 25 2015, 10:44 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
Timothy J. Burns Gregory F. Zoeller
Indianapolis, Indiana Attorney General of Indiana
Indianapolis, Indiana
Jonathan R. Sichtermann
Deputy Attorney General
Indianapolis, Indiana
IN THE
COURT OF APPEALS OF INDIANA
David Jones, September 25, 2015
Appellant-Defendant, Court of Appeals Case No.
49A05-1501-CR-38
v. Appeal from the Superior Court of
Marion County, Criminal
State of Indiana, Division, Room 7
Appellee-Plaintiff The Honorable Clayton Graham,
Judge
Trial Court Cause No.
49G07-1409-CM-
45263
Altice, Judge.
Case Summary
Court of Appeals of Indiana | Memorandum Decision 49A05-1501-CR-38 | September 25, 2015 Page 1 of 4
[1] Following a bench trial, David Jones was convicted of class A misdemeanor
Battery.1 Jones now appeals, contending that the State presented insufficient
evidence to rebut his claim of self-defense.
[2] We affirm.
Facts & Procedural History
[3] On July 20, 2014, Jones’s mother, Audrey Dodd, got into an argument with
James Montgomery, her live-in boyfriend, at their home. Dodd stuck her hand
in Montgomery’s face several times, and each time Montgomery slapped her
hand away from his face. The argument eventually ended, and Montgomery
went upstairs and went to bed.
[4] Later that night, Jones arrived at the home and spoke to Dodd. When Dodd
told Jones about her altercation with Montgomery, Jones went upstairs to
confront Montgomery. Montgomery awoke to find Jones standing over him,
demanding to know what had happened. Montgomery got out of bed and
began getting dressed, at which time Jones came across the bed and began
hitting him. Jones then grabbed an unloaded handgun Montgomery kept under
his pillow and began striking him with it. As a result of the attack, Montgomery
suffered injuries to his right eye and lips. Jones left the scene before
the police arrived.
1
Ind. Code § 35-42-2-1.
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[5] As a result of these events, the State charged Jones with class A misdemeanor
battery. A bench trial was conducted on January 16, 2015, at which Jones
asserted that he acted in self-defense. The trial court rejected Jones’s self-
defense claim and found him guilty as charged. Jones now appeals.
Discussion
[6] On appeal, Jones argues that the State presented insufficient evidence to rebut
his self-defense claim. The standard for reviewing a challenge to the sufficiency
of evidence to rebut a claim of self-defense is the same standard used for any
claim of insufficient evidence. Wallace v. State, 725 N.E.2d 837, 840 (Ind.
2000). We neither reweigh the evidence nor judge the credibility of witnesses.
Id. If there is sufficient evidence of probative value to support the conclusion of
the trier of fact, the judgment will not be disturbed. Id. “A valid claim of self-
defense is legal justification for an otherwise criminal act.” Id.
[7] To prevail on a self-defense claim, Jones must show that he: (1) was in a place
where he had a right to be; (2) did not provoke, instigate, or participate
willingly in the violence; and (3) had a reasonable fear of death or great bodily
harm. Wilson v. State, 770 N.E.2d 799, 800 (Ind. 2002); see also Ind. Code § 35-
41-3-2. When a self-defense claim is raised and finds support in the evidence,
the State bears the burden of negating at least one of the necessary elements.
Wilson, 770 N.E.2d at 800. The State may meet its burden by offering evidence
directly rebutting the defense, by affirmatively showing that the defendant did
not act in self-defense, or by relying upon the sufficiency of the evidence from
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its case-in-chief. Miller v. State, 720 N.E.2d 696, 700 (Ind. 1999). If a defendant
is convicted despite his claim of self-defense, we will reverse only if no
reasonable person could say that self-defense was negated beyond a reasonable
doubt. Wilson, 770 N.E.2d at 801.
[8] Jones’s argument on appeal amounts to a request to reweigh the evidence and
credit his testimony over Montgomery’s. Montgomery testified that he awoke
to find Jones standing over him demanding to know what had happened
between Montgomery and Dodd. Montgomery testified further that before he
could finish getting dressed, Jones attacked him, beating him first with his fists
and then with a handgun. This evidence was sufficient to support a conclusion
that Jones was the initial aggressor and had no fear of death or bodily harm.
The State therefore presented sufficient evidence to rebut Jones’s claim of self-
defense.
[9] Judgment affirmed.
[10] Riley, J., and Brown, J., concur.
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