Howard Elam v. State of Indiana (mem. dec.), 49A02-1704-CR-805

Victim Sydnea Embry and defendant Howard Elam had an on-again/off-again two-year dating history; Elam was living in Embry’s apartment after they had broken up.
On Dec. 19, 2016, when Embry tried to leave with her three‑month‑old son, Elam grabbed the infant car seat and told her she could leave but the child had to remain, then physically interfered when she attempted to depart.
After 30–45 minutes a friend knocked and Embry escaped with her child; Elam then sent threatening texts demanding she drive him to school the next morning and saying “die” if she did not.
The next day at the apartment, Elam grabbed Embry by the hair, pulled her to the ground, dragged her back inside by her feet, then later apologized by text.
The State charged multiple offenses; at bench trial the court dismissed some counts, acquitted on one battery count, and convicted Elam of Level 6 felony criminal confinement, Class A misdemeanor domestic battery, and Class A misdemeanor intimidation.
Elam was sentenced to an aggregate two‑year term with one year suspended and appealed, arguing insufficient evidence for those convictions.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence for Level 6 felony criminal confinement	Evidence shows Elam knowingly confined Embry by preventing her from leaving with her child and using force	Embry consented because Elam told her she could leave (albeit without the child)	Affirmed — reasonable factfinder could find confinement without consent when choice was to leave child or stay with threatening person
Sufficiency of evidence for Class A misdemeanor domestic battery	Embry was a family/household member (dating relationship) and Elam knowingly touched her in an angry manner	Elam contends State failed to prove household/family relationship	Affirmed — dating relationship satisfied family/household member element
Sufficiency of evidence for Class A misdemeanor intimidation	Texts and prior conduct communicated threats intended to make Embry act (drive him) against her will	Elam argues Embry’s later decision to give him a ride shows she acted voluntarily, so no intimidation	Affirmed — crime completed when threatening texts were sent with intent to induce conduct; subsequent motive for compliance irrelevant
Whether the evidence required reweighing credibility	State relies on Embry’s testimony and texts; court may infer guilt from that evidence	Elam requests reconsideration of witness credibility and inferences	Rejected — appellate review limited to evidence supporting conviction; claims amount to reweighing which is improper

Gray v. State, 957 N.E.2d 171 (Ind. 2011) (standard for reviewing sufficiency of evidence)
Bailey v. State, 907 N.E.2d 1003 (Ind. 2009) (affirming that appellate review considers only evidence and inferences supporting conviction)
Dewald v. State, 898 N.E.2d 488 (Ind. Ct. App. 2008) (rejecting argument that victim could have left without other property as improper reweighing)
Brewington v. State, 7 N.E.3d 946 (Ind. 2014) (threat/intimidation requires intent to put target in fear and that communication be likely to cause such fear)