Donald C. Powers, Jr. v. State of Indiana (mem. dec.)
16A05-1612-CR-2855
| Ind. Ct. App. | Aug 7, 2017Background
- On Feb. 27, 2015, Donald C. Powers broke into his estranged wife Shannon’s rented home in violation of a court-ordered no-contact condition; he assaulted, choked, threatened her with a knife, and caused multiple injuries. Shannon reported the incident and a warrant issued for Powers.
- Powers communicated with Shannon afterward (making threats and blaming her) and then failed to surrender as he had promised; law enforcement searched for him and located him by cell-phone tracking.
- On Mar. 11, 2015, a U.S. Marshals task force and Indiana State Police approached a house where Powers was believed to be hiding; after a knock at the back door, Detective Hannon deployed a taser, which proved ineffective, and Powers fired a 12-gauge shotgun at officers. Officers returned fire, severely wounding Powers and severing his spinal cord.
- The State originally charged Powers with Level 2 burglary (while armed) and Level 1 attempted murder for shooting at officers; approximately 18 months later Powers entered a conditional plea: amended counts to Level 3 burglary and Level 3 attempted aggravated battery, with agreed consecutive sentences of 9–15 years each.
- The trial court imposed consecutive sentences of 15 years for each count (30 years aggregate), suspending six months of the burglary term to probation. The court found three aggravators (extensive criminal history, violation of the no-contact order, and Shannon’s injuries exceeding elements) and credited only remorse as a significant mitigator.
- Powers appealed under Indiana Appellate Rule 7(B), arguing his aggregate thirty-year sentence is inappropriate in light of the nature of the offenses and his character; the majority affirmed, and Judge Brown dissented, arguing Powers’ paralysis and remorse warranted a reduced aggregate sentence to 20 years.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Powers) | Held |
|---|---|---|---|
| Whether Powers’ 30-year aggregate sentence is inappropriate under Ind. Appellate Rule 7(B) | Sentence is appropriate given the violent facts (burglary with injury; shooting at officers), Powers’ extensive criminal history, and valid aggravators | Sentence is inappropriate given Powers’ remorse, his severe paralysis from officers’ shooting, long gap since many prior crimes, and plea agreement terms | Affirmed: 30-year aggregate sentence is not inappropriate in light of offense nature and offender character |
Key Cases Cited
- Conley v. State, 972 N.E.2d 864 (Ind. 2012) (deferential review and purpose of Rule 7(B))
- Childress v. State, 848 N.E.2d 1073 (Ind. 2006) (appellant bears burden to show sentence inappropriate)
- Williams v. State, 891 N.E.2d 621 (Ind. Ct. App. 2008) (must show inappropriateness with respect to both offense nature and offender character)
- Anglemyer v. State, 868 N.E.2d 482 (Ind. 2007) (advisory sentence as starting point for deviation analysis)
- Rich v. State, 890 N.E.2d 44 (Ind. Ct. App. 2008) (compare offense to typical offense when considering deviation)
- Rutherford v. State, 866 N.E.2d 867 (Ind. Ct. App. 2007) (review of offender character begins with criminal history)