Robert Letcher v. State of Indiana (mem. dec.)
49A04-1705-CR-909
| Ind. Ct. App. | Oct 11, 2017Background
- On Sept. 10, 2015, at the Indianapolis VA Hospital, Robert Letcher engaged in two separate physical encounters with coworker Ba.M.: one in her basement office in the morning and another in a hallway that afternoon.
- Morning incident: Letcher rushed up to Ba.M., pinned her arms behind her against desks, pressed his body (and erect penis) against her, attempted to kiss her face, and told her “I’m tired of you.” An assistant intervened.
- Afternoon hallway incident: Security video shows Letcher approached Ba.M. with her back to the wall, impeded her movement, grabbed at her hands and ultimately grabbed her left wrist for a few moments before releasing her. Other employees witnessed the encounter.
- Letcher was charged with Count I: Level 6 felony sexual battery; Count II: Level 6 felony criminal confinement; Count III: Level 6 felony criminal confinement; and Count IV: Class B misdemeanor battery.
- Bench trial found him guilty on all counts; the court imposed an aggregate 545-day suspended sentence. On appeal, the State conceded Counts II and IV violate double jeopardy and must be vacated; sufficiency of the evidence for Counts I and III was disputed.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Letcher) | Held |
|---|---|---|---|
| Whether convictions for Count II (criminal confinement) and Count IV (battery) violate double jeopardy | State concedes Count II and Count IV duplicate other convictions and must be vacated | Counts II and IV were based on same conduct as other counts; should be vacated | Court: Agree — vacate Counts II and IV; remand with instruction to vacate |
| Sufficiency of evidence for Count I (Level 6 sexual battery) | Evidence (office assault: pinning, pressing body, attempted kiss, victim felt erect penis) supports sexual battery under force/imminent threat provision | Argues kissing not covered by statute subsection relied on and challenges sufficiency | Court: Evidence sufficient to prove sexual battery under IC § 35-42-4-8(a)(1) (force/imminent threat) |
| Sufficiency of evidence for Count III (Level 6 criminal confinement) | Video plus testimony show Letcher impeded Ba.M.’s liberty, grabbed wrist, confined her without consent | Video allegedly shows no substantial interference; conduct was rude but not criminal | Court: Video and testimony together permit reasonable inference of substantial interference; evidence sufficient |
| Whether appellate court should reweigh evidence or assess credibility | State: appellate review limited to probative evidence and inferences supporting verdict; do not reweigh | Letcher invites reweighing and credibility determinations | Court: Follow precedent — do not reweigh; affirm convictions on Counts I and III |
Key Cases Cited
- Drane v. State, 867 N.E.2d 144 (Ind. 2007) (standard for sufficiency review and deference to factfinder)
- Baker v. State, 968 N.E.2d 227 (Ind. 2012) (affirming that appellate review considers reasonable inferences supporting verdict)
- Stewart v. State, 768 N.E.2d 433 (Ind. 2002) (appellate courts must not reweigh evidence or judge credibility)
- McCarter v. State, 961 N.E.2d 43 (Ind. Ct. App. 2012) (victim’s perspective governs force inquiry; force may be implied from circumstances)
- Tobias v. State, 666 N.E.2d 68 (Ind. 1996) (victim’s perception as test for compulsion)
- Bailey v. State, 764 N.E.2d 728 (Ind. Ct. App. 2002) (force may be implied from circumstances)
- Frazier v. State, 988 N.E.2d 1257 (Ind. Ct. App. 2013) (clarifying sexual battery elements and limits)
- Ball v. State, 945 N.E.2d 252 (Ind. Ct. App. 2011) (distinguishing claims under sexual battery subsection for unconscious victims)