Kevin Lynn Tedford v. State of Indiana (mem. dec.), 49A05-1708-CR-1735

On March 29, 2016, Kevin Lynn Tedford drove to the home where the mother of his children, D.T., was visiting while his two children were in the back seat of a friend’s car.
After a phone dispute, Tedford confronted D.T., used profanity, pushed her, and she pushed him back.
Tedford pushed D.T. a second time, causing her to fall into another bystander (Frederick); Tedford then punched Frederick.
Tedford retrieved a gun from the car and pointed it at D.T. at close range while one child (Ke.T.) stood nearby; K.T. had exited the car during the encounter.
The State charged multiple counts; following a bench trial the court convicted Tedford of domestic battery (Level 6 felony), pointing a firearm (Class A misdemeanor), and battery (Class A misdemeanor). Tedford appealed claiming insufficient evidence for the Level 6 felony battery conviction.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence for Level 6 felony domestic battery (battery in presence of child)	State: testimony established Tedford knowingly touched D.T. in an angry manner causing bodily injury and did so in the presence of K.T., a child under 16	Tedford: no evidence D.T. suffered bodily injury; uncertainty about children’s location and whether they could see or hear the battery	Affirmed: evidence was sufficient that D.T. suffered at least some physical pain and that Tedford knew the children might see or hear the incident

Griffith v. State, 59 N.E.3d 947 (Ind. 2016) (standard of review for sufficiency: view evidence and reasonable inferences in favor of conviction)
Bailey v. State, 979 N.E.2d 133 (Ind. 2012) (any degree of physical pain may constitute bodily injury)
Manuel v. State, 971 N.E.2d 1262 (Ind. Ct. App. 2012) (child is "present" if a reasonable person would conclude the child might see or hear the offense)