MEMORANDUM DECISION
FILED
Pursuant to Ind. Appellate Rule 65(D),
Oct 20 2016, 9:09 am
this Memorandum Decision shall not be
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
Barbara J. Simmons Gregory F. Zoeller
Oldenburg, Indiana Attorney General of Indiana
Justin F. Roebel
Deputy Attorney General
Indianapolis, Indiana
IN THE
COURT OF APPEALS OF INDIANA
Elexus Lloyd, October 20, 2016
Appellant-Defendant, Court of Appeals Case No.
49A05-1602-CR-255
v. Appeal from the Marion Superior
Court
State of Indiana, The Hon. Amy M. Jones, Judge
Appellee-Plaintiff. Trial Court Cause No.
49G08-1505-CM-18369
Bradford, Judge.
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Case Summary
[1] The Appellant-Defendant Elexus Lloyd appeals her convictions for two counts
of theft as Class A misdemeanors and one count of battery resulting in bodily
injury as a Class A misdemeanor, contending that the State failed to produce
sufficient evidence to sustain her convictions. Specifically, Lloyd claims that
Appellee-Plaintiff the State of Indiana failed to prove that (1) Lloyd “knowingly
or intentionally” aided, induced, or caused another to commit theft, and (2)
Lloyd “knowingly and intentionally” caused injury to another because she
acted in self-defense. Due to the ample evidence that Lloyd knowingly or
intentionally aided, induced, or caused another to commit theft by distracting
the store employees and the fact that she was attempting to escape after the
commission of this theft when she battered two store employees, we affirm.
Facts and Procedural History
[2] On May 26, 2015, Lloyd and China Watkins went to the Family Dollar store in
Lawrence, Indiana. The two women were seen arriving in the same car and
entering the store together. Upon entering the store, Lloyd went to the counter
to return previously-purchased deodorant, while Watkins went to the backroom
of the store and asked the assistant manager to use the bathroom. As the store
did not have a public bathroom, the assistant store manager permitted Watkins
to use the store’s private bathroom.
[3] Meanwhile, the clerk who had been working the counter went to the backroom
to find a manager because the clerk did not have the authority to process
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Lloyd’s return. The surveillance footage indicates that while the clerk was busy
finding the assistant manager, Watkins approached the counter and spoke
briefly to Lloyd. While Lloyd and the employees were processing the return,
Watkins returned to the backroom to steal the employees’ purses before leaving
through the back door. Upon hearing the store’s backdoor close, the clerk went
into the backroom to investigate the source of the sound and discovered that the
purses owned by the clerk and assistant manager were missing.
[4] When confronted about Watkins’s actions, Lloyd became defensive and
insisted that she did not know what the employees were talking about. The
employees then attempted to detain Lloyd, both verbally and physically, due to
their belief that she was connected to Watkins. One of the employees called
police and the employees, with the help of a customer, attempted to hold and
lock the doors. Lloyd quickly became argumentative and agitated because the
employees wanted to detain her until police arrived. In an effort to leave, Lloyd
pushed the assistant manager to the ground, which caused her pain, and hit the
clerk. Once Lloyd managed to exit the store, she ran across the street to the
back of a Speedway Gas station (“Speedway”).
[5] Meanwhile, an employee at the Speedway observed a vehicle pull quickly into
the station before Watkins exited the passenger side and took purses to
Speedway’s dumpster. The employee further observed Lloyd running from the
direction of the Family Dollar store and jump into the back seat of that same
vehicle. At that time, police arrived at the Speedway, secured Lloyd, Watkins,
and a third person who had been driving the vehicle, and advised them of their
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rights. Watkins admitted to stealing the purses, but claimed that she was acting
alone. A purse and wallet, which were later identified as belonging to the clerk,
were located in the Speedway dumpster. Other items, including an
identification card and debit card were found in the suspect vehicle, while a cell
phone was later found in an adjacent field.
[6] On May 28, 2015, Lloyd was charged with two counts of theft as Class A
misdemeanors under the theory of accomplice liability and one count of battery
resulting in bodily injury as a Class A misdemeanor. Lloyd maintained that she
was unaware of Watkins’s actions on the day in question and her physical
contact with the employees was justified under the theory of self-defense. After
a bench trial on January 20, 2016, the trial court found Lloyd guilty on all
counts. The trial court sentenced Lloyd to consecutive, suspended one-year
sentences and one year of probation. This appeal follows.
Discussion and Decision
[7] In challenging her convictions for theft, Lloyd asserts that the record lacks
evidence that she was seen doing anything illegal or knew of Watkin’s plans
before the theft occurred. Our standard for reviewing sufficiency of the
evidence claims is well-settled. Tobar v. State, 740 N.E.2d 109, 111 (Ind. 2000).
In reviewing the sufficiency of the evidence, we examine only the
probative evidence and reasonable inferences that support the
verdict. We do not assess witness credibility, nor do we reweigh
the evidence to determine if it was sufficient to support a
conviction. Under our appellate system, those roles are reserved
for the finder of fact. Instead, we consider only the evidence most
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favorable to the trial court ruling and affirm the conviction unless
no reasonable fact-finder could find the elements of the crime
proven beyond a reasonable doubt. This evidence need not
overcome every reasonable hypothesis of innocence; it is
sufficient so long as an inference may reasonably be drawn from
it to support the verdict.
Lock v. State, 971 N.E.2d 71, 74 (Ind. 2012) (internal citations and quotations
omitted). The trier of fact is responsible for resolving conflicts of testimony,
determining the weight of the evidence, and evaluating the credibility of the
witnesses. Jones v. State, 701 N.E.2d 863, 867 (Ind. Ct. App. 1998).
[8] Under Indiana Code section 35-41-2-4, a person who knowingly or
intentionally aids, induces, or causes another person to commit an offense
commits that offense. In determining whether a person aided another in the
commission of a crime, we consider: (1) presence at the scene of the crime, (2)
companionship with another engaged in criminal activity, (3) failure to oppose
the crime, and (4) defendant’s conduct before, during, and after the occurrence
of the crime. Woods v. State, 963 N.E.2d 632, 634 (Ind. Ct. App. 2012).
Furthermore, while the defendant’s presence at the scene of a crime or her
failure to oppose the crime alone are insufficient to establish accomplice
liability, they may be considered along with the above-mentioned factors to
determine participation. Wieland v. State, 736 N.E.2d 1198, 1202 (Ind. 2000).
There are, however, no hard and fast rules governing accomplice liability as it
depends on the facts and circumstances of each case. Byrer v. State, 423 N.E.2d
704, 706 (Ind. Ct. App. 1981).
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[9] Reviewing only the probative evidence and reasonable inferences that would
support the verdict, we conclude that the evidence was sufficient to convict
Lloyd under the theory of accomplice liability of two counts of theft. The
record shows that several witnesses observed Lloyd and Watkins entering
together and interacting in the store. Lloyd’s act of returning the deodorant
occupied both the clerk and the assistant manager, leaving Watkins the
opportunity to take the purses from the empty backroom without fear of being
caught. A reasonable trier of fact could have determined that Lloyd’s role in
the theft was to distract the employees for Watkins.
[10] According to the record, while the employees attempted to detain her, Lloyd
went so far as to push one employee down and strike another in order to flee.
The evidence further shows that once outside of the store, Lloyd ran across the
street and jumped into the same vehicle as Watkins. Lloyd’s flight to meet up
with the same vehicle that Watkins was in can be considered by the fact-finder
as circumstantial evidence of her consciousness of guilt. See Maxey v. State, 730
N.E.2d 158, 162 (Ind. 2000) (“[E]vidence of flight is relevant as circumstantial
evidence of Defendant’s consciousness of guilt.”). The evidence is more than
sufficient to establish that Lloyd was working with Watkins to steal from the
store.
[11] Lloyd also challenges the sufficiency of the evidence to sustain her conviction
for battery, arguing that her actions constituted self-defense. Under Indiana
Code section 35-42-2-1, a person who knowingly or intentionally touches
another person in a rude, insolent, or angry manner, commits battery. The
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evidence shows that Lloyd pushed the assistant manager to the ground while
the employees were attempting to detain Lloyd and this act caused the assistant
manager pain.
[12] We agree with Lloyd that a valid claim of self-defense provides a legal
justification for a person to use force against another to protect herself from
what she reasonably believes to be the imminent use of unlawful force. Carroll
v. State, 744 N.E.2d 432, 433 (Ind. 2001). The trial court, however, was
reasonable to conclude that Lloyd did not have the right to use self-defense in
this particular situation. A claim of self-defense requires that the defendant
acted without fault, was in a place where she had a right to be, and was in
reasonable fear of death or great bodily harm. Id. Therefore, the defendant
must also show that she did not provoke, instigate, or participate willingly in
the violence. Id. A claim of self-defense will also fail if the defendant used
more force than was reasonably necessary under the circumstances. Sudberry v.
State, 982 N.E.2d 475, 481 (Ind. Ct. App. 2013). Challenges to the sufficiency
of the evidence to rebut a claim of self-defense are reviewed using the same
standard as any other claim regarding insufficient evidence. Id. We will not
disturb the verdict if there is sufficient evidence of probative value to support
the conclusion of the trier of fact. Morell v. State, 933 N.E.2d 484, 492 (Ind. Ct.
App. 2010).
[13] The employees at the store had reason to believe that based upon her
companionship with Watkins and refusal to wait for police, Lloyd likely played
a role in the disappearance of the purses. Therefore, it was not unreasonable or
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inappropriate for them to attempt to detain her until police arrived.1 The trial
court was free to conclude that Lloyd’s response to the employee’s efforts to
detain her was inappropriate in light of the circumstances. A person is not
justified in using self-defense if she is escaping after the commission of a crime.
Chambliss v. State, 746 N.E.2d 73, 80 (Ind. 2001). We affirm the trial court’s
finding that Lloyd committed battery.
Pyle, J., and Altice, J., concur.
1
Under the Shoplifting Detention Act, merchants have limited authority to detain a specific individual when
the merchant’s agent has probable cause to believe that theft has occurred or is occurring on or about store
premises. Ind. Code § 35-33-6-2.
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