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Ra'Dreeka Gillespie v. State of Indiana (mem. dec.)
49A02-1603-CR-577
| Ind. Ct. App. | Oct 20, 2016
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Background

  • Victim Chasia Sutton, a Family Dollar employee, was verbally confronted by Ra’Dreeka Gillespie and an ex-girlfriend while working.
  • Gillespie left and returned minutes later with three other women. The three women poured water on Sutton and began hitting and kicking her.
  • Sutton alleges Gillespie joined in, stomping on Sutton’s head and side; Sutton suffered migraines and shoulder pain.
  • Keyaira Smith (Sutton’s sister) arrived during the altercation, found Sutton on the floor, and observed Gillespie laughing; Smith did not clearly see Gillespie strike Sutton.
  • Security camera footage was admitted and showed Gillespie approach and make movements consistent with kicking Sutton while she was on the ground; footage did not show Gillespie touching Sutton after Smith entered.
  • Gillespie was charged with and convicted of Class A misdemeanor battery; sentenced to 365 days with 361 days suspended. She appealed claiming insufficient evidence she struck Sutton.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether evidence is sufficient to support conviction for Class A misdemeanor battery State: testimony and video show Gillespie acted with others and made kicking motions causing bodily injury Gillespie: no direct proof she hit Sutton; testimony conflicted and Sutton couldn’t see assaultors; Smith only saw Gillespie laughing Affirmed — substantial evidence (victim testimony and video corroboration) supports conviction

Key Cases Cited

  • Bailey v. State, 907 N.E.2d 1003 (Ind. 2009) (standard for reviewing sufficiency of the evidence: defer to factfinder, do not reweigh evidence or judge credibility)
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Case Details

Case Name: Ra'Dreeka Gillespie v. State of Indiana (mem. dec.)
Court Name: Indiana Court of Appeals
Date Published: Oct 20, 2016
Docket Number: 49A02-1603-CR-577
Court Abbreviation: Ind. Ct. App.