Lewis Grimes, Appellant-Defendant v. State of Indiana, Appellee-Plaintiff (2025)

MEMORANDUM DECISION

[1] Lewis Grimes appeals his conviction for aggravated battery as a level 3 felony and asserts that the evidence is insufficient to sustain his conviction and negate his claim of self-defense. We affirm.

Facts and Procedural History

[2] On April 23, 2023, Grimes was traveling in the back seat of a van. Grimes's mother, Elisa, was driving the van, and Shaun Freeman was seated in the front passenger seat. The three had been “scrapping” that day. Transcript Volume IV at 29. Freeman had some coins, watches, and jewelry. He also had three or four folding knives on his lap. At some point, Freeman “got punched in the back of the head,” which hurt. Id. at 9. Freeman said, “Did you punch me or stab me?” Id. Grimes replied, “I punched you.” Id. Freeman fought with and hit Grimes, and Grimes pulled a hunting knife and stabbed Freeman multiple times. “When everything happened the way it did,” the knives in Freeman's lap were “knocked,” and Freeman “couldn't get one weapon to defend” himself. Id. at 36. At some point, Grimes pushed Freeman out of the van and said, “Go. Take off. Go.” Id. at 11. Elisa drove to a gas station where Grimes called 911 and waited for police to arrive.

[3] Indianapolis Metropolitan Police Officer Casey Egan responded to the scene and observed that Freeman was “covered in blood” with stab wounds “all over his head and ․ back.” Transcript Volume III at 138. Erin Eckart, a paramedic, responded to the scene and observed that Freeman had suffered “[m]ultiple stab wounds or penetrating wounds.” Id. at 199. She transported Freeman to Methodist Hospital, which was the closest trauma center. Freeman remained in the hospital for several days.

[4] Indianapolis Metropolitan Police Detective Michael Dinnsen responded to the gas station and observed that Grimes “had some blood on him that didn't appear to be his own blood” and he did not observe any wounds or active bleeding on Grimes. Id. at 208. The medics checked Grimes's condition at the gas station, and he had no life-threatening injuries and did not go to the hospital.

[5] On April 27, 2023, the State charged Grimes with: Count I, robbery resulting in serious bodily injury as a level 2 felony; Count II, aggravated battery as a level 3 felony; Count III, battery by means of a deadly weapon as a level 5 felony; and Count IV, battery resulting in bodily injury as a class A misdemeanor. The State also alleged that Grimes was an habitual offender. On June 7, 2023, Grimes filed a Notice of Self Defense.

[6] On September 17 and 18, 2024, the court held a jury trial. The State presented the testimony of multiple witnesses including Freeman who testified that Grimes struck him first, pulled a hunting knife, and stabbed him in the eye, twice in the shoulder, and in the throat. During cross-examination, Freeman testified that he struck Grimes after Grimes struck him and that he had “no knife in his hand” while Grimes “had a knife in his hand the whole time.” Transcript Volume IV at 38. Freeman also stated that Grimes “tried to stab me” and he “just tried to defend [him]self.” Id. at 55. On redirect examination, the prosecutor asked, “You told us that you did punch Mr. Grimes that day but it was after – only after he punched you; is that correct?” Id. at 58. Freeman answered, “Yes. Self-defense. I was – yes.” Id.

[7] After the State rested, Grimes testified that, at one point, he observed Elisa and Freeman arguing, Elisa looked scared, and Freeman looked angry and was being extremely loud. He testified that he asked, “what was going on,” Freeman “just flipped out and pulled out his knife,” and he was afraid, backed up, and pulled out his knife, Elisa deescalated the situation, and everyone put the knives away. Id. at 69. According to his testimony, eight or nine hours later, Freeman and Elisa were arguing, he kicked the back seat and told Freeman to stop, Freeman turned around with a knife in his right hand and punched him with his left hand, and he grabbed Freeman's right hand. He stated that he attempted to grab Freeman's hand, but Freeman was punching him so quickly in his face and head that he could not grab it. He testified that he pulled out his knife because he thought Freeman was going to stab him and that he started stabbing Freeman after he told him to stop and Freeman kept striking him. When asked if he remembered how many times he stabbed Freeman, Grimes answered, “No, because it just happened so fast and it was just so sudden that I really wasn't – I was so afraid, that I was just trying to stop him from attacking me.” Id. at 73. Grimes testified that they both dropped their knives, he kept holding Freeman's hands but lost his grip, Freeman grabbed his hands and rammed his head into his face, and he yelled at Elisa to open the door. According to Grimes's testimony, Elisa opened the door, he pushed Freeman, Freeman grabbed the doorjamb and tried to climb back into the van, and Grimes told Elisa, “Go, go, go. Get away from him. Go.” Id.

[8] The jury found Grimes guilty of Count II, aggravated battery as a level 3 felony, Count III, battery by means of a deadly weapon as a level 5 felony, and Count IV, battery resulting in bodily injury as a class A misdemeanor, and not guilty of Count I, robbery resulting in serious bodily injury as a level 2 felony. Grimes waived his right to a jury trial during the habitual offender phase, and the court determined he was an habitual offender. The court vacated the convictions for Counts III and IV and sentenced Grimes to fourteen years for Count II, aggravated battery as a level 3 felony, enhanced by fourteen years for the habitual offender adjudication, for an aggregate sentence of twenty-eight years.

Discussion

[9] Grimes argues that he presented evidence showing that he acted without fault in that he attempted to prevent his mother and Freeman from arguing and that he was physically attacked by Freeman who was wielding a knife. He also asserts that he had a reasonable fear or apprehension of bodily harm. He contends that Freeman admitted to having three or four knives on his lap and that it was possible that he stabbed Grimes and took Grimes's knife for a few minutes. He also asserts that he suffered a black eye, an abrasion to his forehead, and bleeding from his hands. He contends that there is no evidence that he continued stabbing after Freeman had been neutralized.

[10] Ind. Code § 35-42-2-1.5 provides that “[a] person who knowingly or intentionally inflicts injury on a person that creates a substantial risk of death ․ commits aggravated battery, a Level 3 felony.”

[11] Ind. Code § 35-41-3-2(c) provides:

A person is justified in using reasonable force against any other person to protect the person or a third person from what the person reasonably believes to be the imminent use of unlawful force. However, a person:

(1) is justified in using deadly force; and

(2) does not have a duty to retreat;

if the person reasonably believes that that force is necessary to prevent serious bodily injury to the person or a third person or the commission of a forcible felony. No person, employer, or estate of a person in this state shall be placed in legal jeopardy of any kind whatsoever for protecting the person or a third person by reasonable means necessary.

[12] When a claim of self-defense is raised and finds support in the evidence, the State has the burden of negating at least one of the necessary elements. Wilson v. State, 770 N.E.2d 799, 800 (Ind. 2002). If a defendant is convicted despite his claim of self-defense, we will reverse only if no reasonable person could say that self-defense was negated by the State beyond a reasonable doubt. Id. at 800-801. A mutual combatant, whether or not the initial aggressor, must declare an armistice before he or she may claim self-defense. Id. at 801; see Ind. Code § 35-41-3-2(g) (providing “a person is not justified in using force if ․ the person has entered into combat with another person or is the initial aggressor unless the person withdraws from the encounter and communicates to the other person the intent to do so and the other person nevertheless continues or threatens to continue unlawful action”). The standard of review for a challenge to the sufficiency of the evidence to rebut a claim of self-defense is the same as the standard for any sufficiency of the evidence claim. Wilson, 770 N.E.2d at 801. We neither reweigh the evidence nor judge the credibility of witnesses. Id. If there is sufficient evidence of probative value to support the conclusion of the trier of fact, then the verdict will not be disturbed. Id.

[13] The jury heard testimony from Freeman and Grimes. The trier of fact is entitled to determine which version of an incident to credit. Barton v. State, 490 N.E.2d 317, 318 (Ind. 1986), reh'g denied; Scott v. State, 867 N.E.2d 690, 695 (Ind. Ct. App. 2007), trans. denied. The jury as the trier of fact was able to consider the extent to which the testimony of each witness was consistent with the testimony of another witness and was able to assess the credibility of the witnesses and weigh their testimony. We will not reweigh the evidence or judge the credibility of witnesses on appeal. See Wilson, 770 N.E.2d at 801. The State presented evidence of a probative nature from which a reasonable trier of fact could have determined beyond a reasonable doubt that Grimes did not validly act in self-defense and that he was guilty of aggravated battery as a level 3 felony. See Rodriguez v. State, 714 N.E.2d 667, 670-671 (Ind. Ct. App. 1999) (noting the defendant's version of events differed from other testimony, declining to reweigh the evidence, and holding sufficient evidence existed to rebut the defendant's claim of self-defense), trans. denied.

[14] For the foregoing reasons, we affirm Grimes's conviction.

[15] Affirmed.

Brown, Judge.

Chief Judge Altice and Judge Tavitas concur. Altice, C.J., and Tavitas, J., concur.