Daron Gary v. State of Indiana (mem. dec.), 49A04-1708-CR-1739

On February 22, 2017, Daron Gary drove co-worker Larhonda Myers to a location where an altercation occurred; Gary pulled Myers into the back seat and struck her.
Gary choked Myers until she briefly lost consciousness, then pushed her out of the car and shouted for Brian Tuggle to “get that bitch.”
Tuggle ran at Myers, repeatedly stabbed her in the neck/chest and slashed her throat; Myers survived with multiple stab wounds and serious internal injuries.
The State charged Gary with Level 2 attempted robbery, Level 3 aggravated battery, and Level 6 strangulation; a jury acquitted him of attempted robbery but convicted him of aggravated battery and strangulation.
Gary received an aggregate executed sentence of 14 years and appealed his aggravated battery conviction as unsupported by sufficient evidence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence for aggravated battery under accomplice liability	State: Gary’s actions (pulling, beating, choking, pushing out of car, and yelling at Tuggle) show he knowingly aided/induced Tuggle’s aggravated battery	Gary: Insufficient proof he aided, induced, or caused Tuggle to stab Myers; mere presence and prior conduct not enough	Affirmed: evidence suficientevidence supported accomplice liability because Gary’s conduct made the stabbing a natural and probable consequence

Jackson v. State, 925 N.E.2d 369 (Ind. 2010) (standard of review for sufficiency claims)
Ferrell v. State, 565 N.E.2d 1070 (Ind. 1991) (uncorroborated testimony of a single witness can support conviction)
Lothamer v. State, 44 N.E.3d 819 (Ind. Ct. App. 2015) (presence plus relation and actions can support accomplice liability)
Castillo v. State, 974 N.E.2d 458 (Ind. 2012) (accomplice inquiry depends on particular facts and circumstances)
Vitek v. State, 750 N.E.2d 346 (Ind. 2001) (no bright-line rule for accomplice liability; look to overall conduct)