Tony David Mitchell v. State of Indiana (mem. dec.)
36A01-1605-CR-1051
| Ind. Ct. App. | Apr 19, 2017Background
- On May 26, 2014, Tony Mitchell attacked Richard Atkins at Mitchell’s camper: Mitchell cut Atkins’ arm with a knife as Atkins attempted to leave, causing deep lacerations requiring stitches/staples.
- After Atkins reached his vehicle and attempted to depart, Mitchell retrieved a shotgun and fired a warning shot; when Atkins’ vehicle became briefly stuck and moved forward toward the camper, Mitchell fired again, striking the windshield in front of the steering wheel.
- The State charged Mitchell with Class B felony aggravated battery (knife wound) and Class B felony attempted aggravated battery (shooting into the vehicle).
- A jury convicted Mitchell of both offenses after a March 2016 trial.
- At sentencing the trial court imposed concurrent advisory ten-year terms for each Class B felony.
- Mitchell appealed, challenging (1) sufficiency of the evidence to disprove his claim of self-defense and (2) the appropriateness of his sentence under Ind. Appellate Rule 7(B).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence to disprove self-defense for aggravated battery (knife) and attempted aggravated battery (shooting) | State: evidence shows Mitchell was sole aggressor, victims were unarmed, and attacks occurred while Atkins was leaving — so self-defense negated | Mitchell: acted in self-defense and to defend dwelling; force was justified | Court: Affirmed. Evidence sufficient to rebut self-defense; Mitchell attacked Atkins from behind while Atkins attempted to leave and later shot into the vehicle, so force was not reasonable or necessary |
| Appropriateness of sentence under Ind. App. R. 7(B) | State: advisory concurrent ten-year terms reasonable given serious injuries and conduct | Mitchell: ten-year aggregate sentence inappropriate given his character/family hardship | Court: Affirmed. Sentence not inappropriate given nature of offenses and Mitchell’s criminal history and violations |
Key Cases Cited
- Wilson v. State, 770 N.E.2d 799 (Ind. 2002) (standard for sufficiency review and burden when self-defense raised)
- Jackson v. State, 683 N.E.2d 560 (Ind. 1997) (substantial-step test for attempt)
- Cooper v. State, 854 N.E.2d 831 (Ind. 2006) (self-defense unavailable where defendant knowingly attacks victim from behind with no provocation)
- Knapp v. State, 9 N.E.3d 1274 (Ind. 2014) (standard for appellate review of sentence under Rule 7(B))
- Chambers v. State, 989 N.E.2d 1257 (Ind. 2013) (articulating appellate sentence-review purposes)
- Dowdell v. State, 720 N.E.2d 1146 (Ind. 1999) (no requirement to find imprisonment creates undue family hardship absent special circumstances)