Matthew S. Wagoner v. State of Indiana (mem. dec.), 30A04-1603-CR-671

On May 28, 2015, one-year-old Z.W. was left in Matthew Wagoner’s sole care; by ~10:00 a.m. she was pronounced dead.
A bystander observed the infant with labored breathing and visible bruising; Wagoner told the bystander he had taken the child to the ER (which was false) and kept the child covered.
When the babysitter arrived, Wagoner initially refused to call 911; the babysitter called after finding Z.W. motionless and blue on the bedroom floor.
Autopsy revealed ~50 bruises/abrasions, healing fractures, and recent severe blunt-force injuries to head and abdomen (liver and pancreas lacerations); injuries were inconsistent with a fall from a bed and were sufficient to cause death within 2–4 hours.
Wagoner gave a false explanation (fall from bed), made remorse/suicidal statements, and later attempted suicide; charged with murder and neglect of a dependent; jury convicted; trial court reduced neglect to Level 6 and sentenced Wagoner to 65 years for murder plus a consecutive 2.5 years (with 2.5 suspended) for neglect.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence for murder (knowingly killed)	Circumstantial evidence (sole caregiver, timing of severe injuries, injuries inconsistent with a bed fall, false statements) supports a finding Wagoner knowingly caused death.	Evidence insufficient to prove Wagoner was the perpetrator or acted knowingly.	Affirmed: a reasonable jury could infer Wagoner knowingly killed the infant from the timing, severity of injuries, his custody, and false explanations.
Sufficiency of evidence for neglect of a dependent	State proved neglect resulting in death; Wagoner’s age shown by his recorded statement and a photo.	Argued State failed to prove Wagoner was at least 18 (element of Level 1 neglect).	Affirmed (conviction reduced to Level 6): age need not be proved for Level 6; even if required, circumstantial evidence supported age.
Appropriateness of sentence under Ind. Appellate Rule 7(B)	Maximum sentence is warranted given the heinous breach of parental trust, the severe intentional injuries, failure to seek help, and Wagoner’s criminal history.	Sentence is inappropriate given nature/character or should be mitigated.	Affirmed: the 65-year murder term (maximum) and consecutive neglect term are not inappropriate given offense gravity and offender’s record.

Gray v. State, 957 N.E.2d 171 (Ind. 2011) (standard for sufficiency review)
Bailey v. State, 907 N.E.2d 1003 (Ind. 2009) (reasonable-inference standard for affirming convictions)
Sallee v. State, 51 N.E.3d 130 (Ind. 2016) (circumstantial evidence may sustain murder conviction)
Stokes v. State, 922 N.E.2d 758 (Ind. Ct. App. 2010) (intent and knowledge may be inferred from conduct and logical sequence)
Grimes v. State, 450 N.E.2d 512 (Ind. 1983) (defendant’s false statements may show consciousness of guilt)
Knapp v. State, 9 N.E.3d 1274 (Ind. 2014) (appellate review for appropriateness gives deference to trial court)
Chambers v. State, 989 N.E.2d 1257 (Ind. 2013) (principles guiding Rule 7(B) review)
Rowe v. State, 867 N.E.2d 262 (Ind. Ct. App. 2007) (jury may infer defendant’s age from circumstantial evidence)