MEMORANDUM DECISION
Pursuant to Ind. Appellate Rule 65(D), FILED
this Memorandum Decision shall not be Aug 08 2018, 9:20 am
regarded as precedent or cited before any
CLERK
court except for the purpose of establishing Indiana Supreme Court
Court of Appeals
the defense of res judicata, collateral and Tax Court
estoppel, or the law of the case.
ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE
Stacy R. Uliana Curtis T. Hill, Jr.
Bargersville, Indiana Attorney General of Indiana
Evan Matthew Comer
Deputy Attorney General
Indianapolis, Indiana
IN THE
COURT OF APPEALS OF INDIANA
Ryan Vandeventer, August 8, 2018
Appellant-Defendant, Court of Appeals Case No.
18A-CR-445
v. Appeal from the
Greene Superior Court
State of Indiana, The Honorable
Appellee-Plaintiff. Dena A. Martin, Judge.
Trial Court Cause No.
28D01-1706-F1-1
Kirsch, Judge.
Court of Appeals of Indiana | Memorandum Decision 18A-CR-445 | August 8, 2018 Page 1 of 10
[1] Ryan Vandeventer (“Vandeventer”) pleaded guilty to aggravated battery1 as a
Level 3 felony and was sentenced to fourteen years in the Indiana Department
of Correction (“DOC”) with three years suspended to probation. He now
appeals his sentence contending that it is inappropriate given the circumstances
of his character and the nature of the offense.
[2] We affirm.
Facts and Procedural History
[3] Vandeventer married Amber (“Amber”) in December 2016. Soon thereafter,
their marriage began to deteriorate. Appellant’s App. Vol. 2 at 48. By May 2017,
Amber had become pregnant with the couple’s first child, but the relationship
was physically and emotionally abusive. Tr. Vol. 2 at 28-29, 44-45.
[4] On May 4, 2017, the State filed domestic battery charges against Vandeventer
under cause number 28D01-1705-F5-25 (“F5-25”) after Amber alleged that
Vandeventer struck her during a heated argument. Appellant’s App. Vol. 2 at 46.
At the time of that incident, Vandeventer also exchanged cross words with
Amber’s mother, Vanessa Pursell (“Vanessa”), and stepfather, Glen Pursell
(“Glen”). Tr. Vol. 2 at 20. During this altercation, Glen ordered Vandeventer
to leave the home. Id. at 10. The trial court issued a no-contact order between
1
See Ind. Code § 35-42-2-1.5.
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Amber and Vandeventer, and Amber moved in with Vanessa and Glen.
Appellant’s App. Vol. 2 at 46; Tr. Vol. 2 at 9.
[5] After Vandeventer’s son (“the Child”), was born, Amber agreed to allow
Vandeventer to see him on two separate occasions. Tr. Vol. 2 at 11. Amber told
Vandeventer that Vanessa and Glen hated him and did not want him to see the
Child. Id. at 29, 45. She also claimed that the Pursells sought a no-contact
order against Vandeventer, even though the couple had not done so. Id. at 46.
The visitations with the Child were conducted in secret and lasted for fifteen
minutes at a time, usually late at night. Id. at 11.
[6] On June 19, 2017, Vandeventer’s charges in cause F5-25 were still pending, and
Vandeventer had been released from jail after posting bond. Tr. Vol. 2 at 50, 57;
Appellant’s App. Vol. 2 at 46. Amber called Vandeventer and stated that she
would allow him to see the Child at the Pursells’ house. Id. at 10. Amber
arranged to meet Vandeventer outside in the driveway, and Vandeventer
insisted that Vanessa and Glen remain in the house while he was there. Id. at
10-11. Vandeventer drove his truck to the Pursells’ house at around 9:00 p.m.
Id. at 13. As he neared the residence, Vandeventer saw Amber standing with
the Child in the front yard, and he also saw Glen standing in the road. Id.
Glen had gone to retrieve the mail from the family’s mailbox, but Vandeventer
interpreted Glen’s presence as an attempt to stop him from seeing the Child. Id.
at 13, 21. Vandeventer became angry and drove his truck at a high speed into
Glen’s yard to try to push him out of the way. Id. Glen attempted to move to
the side but was unable to avoid being struck by the vehicle. Id. at 21. As the
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force of the collision knocked Glen to the ground, Vandeventer drove over
Glen’s legs with the front wheel of his truck. Id. at 14. After initially making
contact with Glen, Vandeventer put the truck in reverse and drove over Glen’s
legs again. Id. Glen became entangled with the truck and was dragged a short
distance before coming to rest in a ditch alongside the road. Id. at
22.Vandeventer’s attack left Glen’s legs “basically crushed.” Id. at 14. Glen
suffered from 31 fractures in both legs, and his left leg was irreparably injured
and will never fully heal. Id. at 22. After four surgeries, he continues to walk
with a limp. Id. at 22-23. Additionally, Glen was terminated from his position
of employment due to his extended absence following Vandeventer’s assault.
Id. at 23.
[7] The State charged Vandeventer with attempted murder as a Level 1 felony,
aggravated battery as a Level 3 felony, and invasion of privacy as a Class A
misdemeanor. Appellant’s App. Vol. 2 at 11-14. Vandeventer pleaded guilty to
aggravated battery as a Level 3 felony. Id. at 36. The plea agreement provided
that the trial court would exercise its discretion in sentencing. Id. At his
sentencing hearing, evidence was presented that Vandeventer was diagnosed a
teenager with bipolar disorder and attention deficit/ hyperactivity disorder
(“ADHD”) and that he had attempted suicide. Appellant’s App. Vol. 2 at 42-43;
Tr. Vol. 2 at 41-42. At the age of thirteen, Vandeventer was placed in an in-
patient treatment facility where he was prescribed psychotropic medications to
control the symptoms of his mental illness. Appellant’s App. Vol. 2 at 49. After
his release, Vandeventer quit taking these medications and began using
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marijuana and synthetic drugs to cope with the symptoms of his mental illness.
Between November 2014 and April 2016, Vandeventer had five misdemeanor
convictions. Id. at 45-46, 49. Thereafter, Vandeventer sought no further
medical care for his mental illness and, at the time of the present offense, was
not taking any psychotropic medications to treat his condition. Id. at 49.
[8] The trial court found the following mitigators: (1) Vandeventer accepted
responsibility for his actions by pleading guilty; (2) Vandeventer expressed
remorse for his actions; (3) Vandeventer possessed a documented history of
mental illness; and (4) Vandeventer appeared to have been influenced by
misrepresentations made by Amber. Tr. Vol. 2 at 57-58. The trial court also
identified the following aggravating circumstances: (1) Vandeventer possessed
a criminal history, including five misdemeanor convictions; (2) in committing
the instant offense, Vandeventer violated the terms of a protective order and the
terms of his probation; and (3) Vandeventer had been released on bond in cause
F5-25 at the time he attacked Glen. Id.
[9] The trial court concluded that the aggravating circumstances outweighed the
identified mitigators and imposed a fourteen-year sentence against
Vandeventer. Id. The trial court suspended three years of the sentence to
probation and ordered the remaining eleven years to be executed in the DOC.
Id. at 57. The trial court also recommended Vandeventer to participate in the
Purposeful Incarceration program while in the DOC. Id. at 57-58. Upon
Vandeventer’s successful completion of the program, the trial court indicated
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that it would consider the possibility of sentence modification. Id. at 58.
Vandeventer now appeals.
Discussion and Decision
[10] For his Level 3 felony aggravated battery conviction, the trial court sentenced
Vandeventer to fourteen years with three years suspended to probation.
Vandeventer now argues that his sentence is inappropriate based on his
remorseful character and his lifetime of struggles with mental health and
intellectual disabilities.
[11] Pursuant to Indiana Appellate Rule 7(B), this Court “may revise a sentence
authorized by statute if, after due consideration of the trial court’s decision, the
Court finds that the sentence is inappropriate in light of the nature of the offense
and the character of the offender.” Our Supreme Court has explained that the
principal role of appellate review should be to attempt to leaven the outliers,
“not to achieve a perceived ‘correct’ result in each case.” Cardwell v. State, 895
N.E.2d 1219, 1225 (Ind. 2008). We independently examine the nature of the
offense and the defendant’s character under Appellate Rule 7(B) with
substantial deference to the trial court’s sentence. Satterfield v. State, 33 N.E.3d
344, 355 (Ind. 2015). In conducting our review, the test is whether the sentence
is inappropriate, and we do not look to see whether another sentence might be
more appropriate. Barker v. State, 994 N.E.2d 306, 315 (Ind. Ct. App. 2013),
trans. denied. The appellant bears the burden of persuading us that his sentence
is inappropriate. Id.
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[12] “As to the nature of the offense, the advisory sentence is the starting point the
legislature has selected as an appropriate sentence for the crime committed.”
Kunberger v. State, 46 N.E.3d 966, 973 (Ind. Ct. App. 2015). The nature of the
offense is found in the details and circumstances of the commission of the
offense and the defendant’s participation. Croy v. State, 953 N.E.2d 660, 664
(Ind. Ct. App. 2011). The advisory sentence for a Level 3 felony conviction is
nine years, with a range of between three and sixteen years. Ind. Code § 35-50-
2-5.
[13] Vandeventer highlights that, since the age of three and at the time of his offense,
he has struggled with mental health issues and deficiencies, including bipolar
disorder and ADHD. Tr. Vol. 2 at 51, 55. He contends that the evidence
overwhelmingly shows that the aggravated battery crime is a reflection of his
long-standing mental illness and intellectual disability.
[14] Our review of the record reveals that on May 4, 2017 there was a “falling out”
between Vandeventer and Glen, and that neither of them had any further
contact with one another until June 19, 2017, when Glen went to check his mail
and saw Vandeventer’s truck approaching him “briskly, faster than normal.”
Id. at 20-21. Upon realizing that Vandeventer was not going to stop, Glen put
his hands up, pushed himself to the side, and was knocked down to the ground
after the front half of Vandeventer’s truck ran him over. Id. at 22. Vandeventer
then stopped, backed up his truck, and ran over Glen again. Id. Glen suffered
a total of thirty-one fractures in both of his legs. Id. He has had four separate
surgeries, and each time, has had to get bigger plates and more screws put in his
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legs to attempt to heal his injuries. Id. Because of this incident, Glen is unable
to maintain employment. Id. at 23.
[15] Vandeventer was charged with one count of Level 1 felony attempted murder,
one count of Level 3 felony aggravated battery, and one count of Class A
misdemeanor invasion of privacy. Appellant’s App. Vol. 2 at 11-14. He pleaded
guilty to Level 3 felony aggravated battery, and the attempted murder and
invasion of privacy charges were dismissed. Id. at 5, 49. Vandeventer accepted
the plea agreement at a substantial benefit to himself. Had he elected not to
plead guilty, he would have faced a trial for Level 1 felony attempted murder,
which carried a minimum sentence of twenty years if convicted.2 Nothing
about the nature of the offense warrants a reduction in the imposed sentence.
[16] “The character of the offender is found in what we learn of the offender’s life
and conduct.” Croy, 953 N.E.2d at 664. Vandeventer says that his sentence is
inappropriate due to his remorseful character, his lifetime of struggles with
mental health, and his intellectual disabilities. To support his argument,
Vandeventer states that his case is similar to Biehl v. State, 738 N.E.2d 337 (Ind.
Ct. App. 2000). In Biehl, four teenage boys threatened and threw boards and
bricks at Biehl who was living in an abandoned barn. Id. at 338. Biehl asked
the boys to leave, but they refused. Id. Biehl left, returned with a gun, and shot
at the boys, injuring one and killing another. Id. Biehl was charged with
2
See Ind. Code § 35-50-2-4(b)
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murder and attempted murder but was initially found to be incompetent to
stand trial due to years of suffering from paranoid schizophrenia. Id. Biehl was
later found competent to stand trial where he presented an insanity defense. Id.
Medical professionals testified on Biehl’s behalf that he was “insane at the time
of the crimes” and “delusional at a profound level.” Id. Biehl was found guilty
but mentally ill of lesser offenses, voluntary manslaughter and criminal
recklessness, and was sentenced to a total of thirty-four years. Id. at 339. This
court found that in light of Biehl’s severe, longstanding mental illness, lack of
criminal history, and the absence of any aggravating circumstances, his
sentence was unreasonable, and we remanded with instructions to impose the
minimum sentence of twenty years. Id. at 338.
[17] Vandeventer’s case differs from Biehl. At no point was Vandeventer deemed
incompetent to stand trial because of his bipolar disorder and ADHD
diagnoses. He did not raise an insanity defense, and no medical professionals
testified that his actions were a result of his mental illness. Furthermore, unlike
Biehl who shot the victims after they threatened and threw bricks and boards at
him, Vandeventer targeted Glen as he was walking to the mailbox. There is no
evidence that Glen physically harmed or made threats to Vandeventer. Finally,
unlike Biehl, Vandeventer’s case had multiple aggravating factors, including his
past delinquent and criminal history, violation of a protective order and
probation, and being out on bond at the time of the commission of the offense.
Tr. at 56-57. The trial court concluded that the aggravating factors outweighed
the mitigating factors. Id. at 57.
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[18] At the time of this offense, Vandeventer was out on bond for a pending
domestic battery case, F5-25, in which he allegedly battered his pregnant wife.
While a record of arrest may not be considered part of a defendant’s criminal
history, it is probative of poor character insofar as it demonstrates that the
offender has been undeterred by past interactions with law enforcement. Cotto
v. State, 829 N.E.2d 520, 526 (Ind. 2005). Vandeventer was convicted of five
drug-related misdemeanors in the span of just two years. Appellant’s App. Vol. 2
at 45-46. At the time of the instant offense, he was still on probation in one of
those cases. Id. Vandeventer was also in violation of a protective order by
contacting his wife via telephone and going to the Glen residence where she
was currently residing. Id. at 46. The trial court stated that Vandeventer
needed to learn how to function in society without hurting people. Id. at 56-57.
Finally, the trial court showed Vandeventer mercy by ordering him into the
Purposeful Incarceration Program at the DOC. Upon successful completion of
this program, the trial court agreed to step Vandeventer down from DOC to
work release and eventually to place him on home detention so that he could be
with his children.
[19] Vandeventer has failed to establish that his sentence is inappropriate in light of
the nature of the offense and his character.
[20] Affirmed.
[21] Vaidik, C.J., and Riley, J., concur.
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