Jasmine Sivels v. State of Indiana (mem. dec.)
49A05-1602-CR-323
| Ind. Ct. App. | Oct 14, 2016Background
- On Aug. 24, 2015, Jasmine Sivels and friends cut through a side yard adjacent to the Mathewses’ duplex unit; the Mathewses had previously objected to use of that yard.
- Christine and April Mathews confronted the group; Sivels replied she could go where she wanted and threatened to shoot Christine and the dog, and gestured toward a car seat suggesting a gun.
- After the Mathewses turned to leave, Sivels and her friends attacked them from behind; both victims sustained injuries and sought hospital treatment.
- A neighbor, Redeena McKamey, observed Sivels strike April multiple times; the Mathewses missed work for several days.
- The State charged Sivels with two counts of Class A misdemeanor battery resulting in bodily injury; Count for Christine was dismissed at trial for insufficient identification, and Sivels was convicted for battery of April after a bench trial.
- Sivels claimed self-defense; the trial court rejected that claim and the Court of Appeals affirmed, holding the State presented sufficient evidence to rebut self-defense.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the State rebutted Sivels’ claim of self-defense | State: Evidence shows Sivels provoked the confrontation, willingly participated, and used unreasonable force | Sivels: She attempted to prevent the fight, did not initiate violence, and acted in self-defense | Affirmed: State presented sufficient evidence to negate self-defense |
Key Cases Cited
- McEwen v. State, 695 N.E.2d 79 (Ind. 1998) (State must negate at least one element of self-defense)
- Wilson v. State, 770 N.E.2d 799 (Ind. 2002) (standard of review for sufficiency to rebut self-defense)
- Cole v. State, 28 N.E.3d 1126 (Ind. Ct. App. 2015) (self-defense fails if defendant instigated or escalated violence)
- Geralds v. State, 647 N.E.2d 369 (Ind. Ct. App. 1995) (excessive force extinguishes self-defense)
- Hollowell v. State, 707 N.E.2d 1014 (Ind. Ct. App. 1999) (self-defense defeated where defendant retaliated with greater force and pursued retreating victim)