P.W. v. State of Indiana (mem. dec.)
66A05-1702-JV-408
| Ind. Ct. App. | Jul 21, 2017Background
- On August 24, 2015, at Winamac Town Park, P.W. told A.P. that E.K. had called A.P. a derogatory name; P.W. admitted to telling A.P. this because A.P. criticized E.K.'s hair.
- A.P. ran across a bridge to confront E.K.; P.W. ran with her and urged A.P. to "just do it" and said, "if you hit her, I'll hit her."
- A.P. struck E.K. multiple times from behind and admitted to police that P.W. had relayed the insult and encouraged the confrontation.
- The State charged P.W. as a delinquent for aiding in a battery (Class B misdemeanor if an adult).
- After a fact-finding hearing, the trial court found P.W. delinquent and placed her on one year of probation.
- P.W. appealed, arguing the evidence was insufficient to show she induced A.P. to commit the battery.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence sufficed to show P.W. knowingly aided/induced A.P. to batter E.K. | State: P.W. encouraged and accompanied A.P., relayed a provocation, said she would also hit E.K., and failed to oppose the attack. | P.W.: Evidence insufficient to prove she induced the battery; asks court to reweigh credibility. | Affirmed: Substantial evidence supported that P.W. aided/induced the battery. |
Key Cases Cited
- Bailey v. State, 907 N.E.2d 1003 (Ind. 2009) (standard for appellate review of sufficiency of the evidence)
- Clemons v. State, 996 N.E.2d 1282 (Ind. Ct. App. 2013) (affirming sufficiency review principles)
- Berry v. State, 819 N.E.2d 443 (Ind. Ct. App. 2004) (factors for determining whether a person aided another in committing a crime)
- Garland v. State, 788 N.E.2d 425 (Ind. 2003) (same; cited for aiding factors)
