Thomas Clark v. State of Indiana (mem. dec.)
45A03-1610-CR-2300
| Ind. Ct. App. | Mar 30, 2017Background
- On July 1, 2009, Officer Highland Weaver responded to a report that a man (later identified as Thomas Clark) at a church was armed; dispatch included a description of a dark 2007 Mitsubishi.
- Officer Weaver activated lights and siren, attempted to block Clark’s vehicle as it exited the church parking lot, but Clark drove around the squad and entered Route 30.
- Officer Weaver followed Clark for under a mile (about 1–2 minutes) with lights and siren on; traffic was moderate and Clark drove about 55 mph (speed limit 50).
- Clark did not immediately stop; other squad cars maneuvered to block him at an intersection and he then pulled over. He cooperated, gave his name, answered questions about weapons, and was taken into custody.
- Clark was charged with and convicted by a jury of Class D felony resisting law enforcement (fleeing after an officer, by visible or audible means, identified himself and ordered the defendant to stop). The trial court sentenced Clark to two years suspended to probation; Clark appealed asserting insufficient evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Officer Weaver ordered Clark to stop | State: Weaver’s activated lights/siren, attempt to block exit, and continuous following constituted a visible/audible order | Clark: No explicit verbal order; he may not have known he was being ordered to stop | Court: Lights/siren, blocking maneuver, and pursuit were sufficient for a reasonable person to know an order to stop was given |
| Whether Clark "fled" after being ordered to stop | State: Clark drove around the blocking vehicle, continued past intersections, and would have kept driving but for blocking squad cars—this was flight | Clark: He did not drive far or fast and did not attempt substantial escape; conduct insufficient to show flight | Court: Flight can be short in distance; continued driving after an order supported reasonable inference of flight; evidence sufficient |
Key Cases Cited
- Gray v. State, 957 N.E.2d 171 (Ind. 2011) (standard for reviewing sufficiency of evidence)
- Bailey v. State, 907 N.E.2d 1003 (Ind. 2009) (affirming deference to jury when reasonable inferences support conviction)
- Fowler v. State, 878 N.E.2d 889 (Ind. Ct. App. 2008) (visual indicators can constitute an order to stop; judged by whether a reasonable person would know an order was given)
- Cowans v. State, 53 N.E.3d 540 (Ind. Ct. App. 2016) (definition and meaning of "flight" in resisting statute context)
- Manning v. State, 995 N.E.2d 1066 (Ind. Ct. App. 2013) (flight may be found even when movement is short if defendant knowingly attempts to escape despite police presence)