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