Troy Burgh v. State of Indiana
2017 Ind. App. LEXIS 273
| Ind. Ct. App. | 2017Background
- On May 12, 2016, Troy Burgh and Gabrielle Adams fought with Ashley Banghart in a CVS parking lot; Burgh pulled Banghart to the paved asphalt surface and Adams slammed Banghart’s head onto the pavement six times, causing a concussion.
- The State charged Burgh (and Adams) with battery enhanced to a Level 5 felony on the theory the battery was committed with a deadly weapon — identified as the parking lot pavement.
- After a bench trial, the court found Burgh guilty, concluding the asphalt was a deadly weapon and that Burgh aided or caused the battery.
- Burgh appealed only the deadly-weapon enhancement, arguing a paved surface cannot qualify as a deadly weapon under Indiana law.
- The court reviewed sufficiency of the evidence under the usual standard, viewing evidence and reasonable inferences most favorable to the judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether use of paved parking-lot surface can be a "deadly weapon" that elevates battery to a Level 5 felony | The State: pavement used as a blunt instrument is material "readily capable of causing serious bodily injury" and thus a deadly weapon | Burgh: a paved surface is not the kind of object the General Assembly meant to be a deadly weapon; stationary surface cannot be treated like a weapon | Affirmed: a paved surface may be a deadly weapon depending on manner of use and facts; here pavement was used to smash victim’s head and was readily capable of causing serious injury |
Key Cases Cited
- Gleason v. State, 965 N.E.2d 702 (Ind. Ct. App. 2012) (whether object is a deadly weapon is a question of fact determined by nature, manner of use, and circumstances)
- Majors v. State, 410 N.E.2d 1196 (Ind. 1980) (use of a rock-like object to strike a victim can constitute a deadly weapon)
- Griffith v. State, 59 N.E.3d 947 (Ind. 2016) (standard for sufficiency review: view evidence and reasonable inferences in favor of the conviction)
- Davis v. State, 819 N.E.2d 91 (Ind. Ct. App. 2004) (loss of consciousness from a blow can establish serious bodily injury)