Ken R. Anderson v. State of Indiana (mem. dec.)
88A01-1612-CR-2928
| Ind. Ct. App. | Oct 13, 2017Background
- In May 2016 Ken Anderson fired multiple gunshots from his car while driving in a residential area; shots were fired on three separate occasions, once as another vehicle passed and at least one while Kevin Lang was following Anderson and on the phone with 911.
- Lang testified he slowed and remained behind Anderson, never acted aggressively, pulled over and called 911 after the first shots, then followed to track Anderson’s location for police.
- Anderson was arrested and charged (attempted murder and pointing dismissed; charged with Level 5 intimidation and Level 6 criminal recklessness at trial). He raised insanity and self-defense; a jury convicted him of intimidation and criminal recklessness.
- The trial court merged the recklessness conviction into the intimidation conviction and sentenced Anderson to 36 months with 21 months suspended.
- On appeal the court reviewed sufficiency of the evidence to rebut self-defense and to support convictions; it affirmed recklessness, reversed and vacated the intimidation conviction, and directed reinstatement of the recklessness conviction and resentencing.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Anderson) | Held |
|---|---|---|---|
| Sufficiency to rebut self-defense | Evidence shows Anderson instigated violence and no reasonable fear existed | Anderson said Lang ‘‘attacked’’ him (touched his bumper) and he acted in self-defense | Evidence was sufficient to rebut self-defense; conviction stands |
| Sufficiency for criminal recklessness (armed) | Firing a gun in a residential area near vehicles created a substantial risk of bodily injury | Anderson conceded shooting into air but argued no substantial risk to others | Evidence sufficient to prove substantial risk; conviction affirmed |
| Sufficiency for intimidation (intent to compel or intimidate regarding lawful driving) | Conduct communicated a threat while armed with intent to make Lang stop or fear retaliation | Anderson claimed he fired to warn or out of fear; intent unclear and not proved beyond reasonable doubt | Evidence insufficient to prove the specific intent required for intimidation; conviction vacated |
Key Cases Cited
- Morgan v. State, 22 N.E.3d 570 (Ind. 2014) (standard for sufficiency review of criminal convictions)
- Sanders v. State, 704 N.E.2d 119 (Ind. 1999) (sufficiency standard for rebutting self-defense is same as other sufficiency claims)
- Wilson v. State, 770 N.E.2d 799 (Ind. 2002) (elements of lawful self-defense and State’s burden when defense is raised)
- Miller v. State, 720 N.E.2d 696 (Ind. 1999) (State may rebut self-defense by direct evidence or by sufficiency of case-in-chief)
- McIver v. State, 654 N.E.2d 308 (Ind. Ct. App. 1995) (factfinder may disbelieve defendant’s version of events)
- Woods v. State, 768 N.E.2d 1024 (Ind. Ct. App. 2002) (discharging firearm in residential area near people can establish substantial risk of bodily injury)