Mitchell Walker, Appellant-Defendant v. State of Indiana, Appellee-Plaintiff (2025)

MEMORANDUM DECISION

[1] Mitchell Walker appeals his Level 3 felony aggravated battery conviction following a jury trial. Walker presents a single issue for our review, namely, whether the State presented sufficient evidence to rebut his self-defense claim.

[2] We affirm.

Facts and Procedural History

[3] Walker is married to Melissa Walker (“Melissa”), who has a child, B., with Paul Snow. In 2022, Snow had full custody of B., and Melissa exercised one hour of supervised visitation at Snow's house weekly. In late October, Melissa asked Snow if she could stay with Snow for a while, and he agreed.

[4] On the third day of Melissa's stay at Snow's house, Walker showed up uninvited and unannounced. Melissa saw Walker “peeking in[to] the [house through the] windows.” Tr. Vol. 3, p. 128. Melissa was “nervous,” and Snow told her that he would “take care of it ․” Id. Snow “[a]pproached [Walker, who was in his] truck[,] and his window was down[,] and [Snow] started yelling at [Walker, telling him that] he [was] trespassing, he need[ed] to leave, get off [his] property,” and not to return. Id. at 129. Walker told Snow that he was there to “get his wife ․” Id. Snow told Walker that Melissa did not want to go with Walker, and Walker left.

[5] “The next night,” Melissa saw Walker “looking in the windows again,” and Snow went outside to confront him. Id. at 129-30. Snow was “pretty upset,” and he “went outside and started yelling” at Walker. Id. at 130. Snow pointed to the no trespassing sign outside his house and said, “dude, I just told you yesterday you cannot be on my property. You need to leave.” Id. Snow “got really mad” and screamed at Walker “to get the F” out of there. Id. Walker said “something about some regulation or something” and finally left. Id.

[6] The next night, when Snow walked out of his front door to get into his car, he saw Walker sitting in a car parked behind his in the driveway. As Snow approached Walker, Walker

just started yelling at [Snow and saying] ․ that he was going to go in[to Snow's] house and take [Melissa] and there was nothing [Snow] could do about it[. A]nd he was calling [Snow] names[. And Snow said, ‘]dude, you're not getting it.[’] [Snow] said, [‘]you are not going [in]to my house. You are not taking anybody. You need to leave. You're ․ trespassing.’

Id. at 134. Walker told Snow that he was a “piece of s***” and that Snow was holding Melissa hostage. Id. Snow responded that Walker was the reason that Melissa was staying at Snow's house.

[7] Snow then

reached in[to Walker's] car and ․ grabbed him by the shirt collar and ․ pulled his head out the window so [the two men were] ․ face to face[,] and [Snow] said, ‘you are leaving, dude. You're trespassing [for the] third night in a row. You need to leave. Go.’

Id. at 135. Snow then let go of Walker, turned around, and started walking towards his house.

[8] Snow then

turned around to see if [Walker] was leaving and [Snow] noticed him hanging out the [car] window, ․ like he was out cold and just kind of flopped out ․ of the window and [Snow] just look[ed] at him ․ And so [Snow] just stood there for a minute and the next thing you know [Walker] start[ed] coughing and kind of w[oke] up and he just start[ed] yelling, ‘]He tried to kill me. He tried to kill me.[’] And [Snow] look[ed] at [Walker] and [wondered to whom Walker was talking.] ․ And [then Walker] reached into this pile of clothes that he had on his passenger seat and he pulled out his cell phone. He[ said], [‘]I got it all on video. You tried to kill me.[’] And [Snow responded, ‘]all right, Mitch, whatever ․ I don't care. You need to leave.[’] And [Walker] said, [‘]nope, I'm going in and taking my wife and there ain't nothing you can do about it.[’] And [Snow] said, [‘]Mitch, you're not going into my house and taking your wife. You're—it ain't happening.[’] And that's when [Walker] opened the door and he proceeded to get out.

Id. at 136. Walker then made a dash for Snow's front door, but Snow grabbed him and threw him to the ground. Snow then “jumped on top of” Walker and immobilized him. Id. at 137. Walker then bit Snow's arm and dug his teeth into Snow's skin. In response, Snow hit Walker in the back of the head three times “to get him to let go of [his] arm.” Id. at 138. Snow then placed his arm under Walker's chin to prevent him from biting him again. Walker began screaming for Melissa. Finally, Walker screamed that he would leave if Snow let him get up. Snow removed himself from Walker's body, grabbed him, and threw him into his car.

[9] As Snow stood next to Walker's open car window, Snow yelled at Walker to leave. Walker then pulled a knife out from the pile of clothes in the front passenger seat of his car and stabbed Snow several times, including in his face and arm. Walker's knife cut an artery in Snow's mouth. Melissa drove Snow to a nearby hospital, where he received forty stitches in his mouth and ten stitches in his arm. In addition, Snow suffered two severed tendons and nerve damage to his hand.

[10] The State charged Walker with Level 3 felony aggravated battery; Level 5 felony battery by means of a deadly weapon; Level 6 felony theft; and Class A misdemeanor criminal trespass. The State dismissed the theft charge prior to trial. Despite his claim of self-defense, a jury found Walker guilty as charged. However, the trial court entered judgment of conviction only on aggravated battery and criminal trespass, and the court sentenced Walker to an aggregate term of six years with two years suspended to probation. This appeal ensued.

Discussion and Decision

[11] Walker contends that the State did not present sufficient evidence to rebut his self-defense claim. Our standard of review is well settled.

For a sufficiency of the evidence claim, we look only at the probative evidence and reasonable inferences supporting the verdict. Drane v. State, 87 N.E.2d 144, 146 (Ind. 2007). We do not assess the credibility of witnesses or reweigh the evidence. We will affirm the conviction unless no reasonable fact-finder could find the elements of the crime proven beyond a reasonable doubt. Id.

Love v. State, 73 N.E.3d 693, 696 (Ind. 2017).

[12] “ ‘A valid claim of defense of oneself or another person is legal justification for an otherwise criminal act.’ ” Simpson v. State, 915 N.E.2d 511, 514 (Ind. Ct. App. 2009) (quoting Hobson v. State, 795 N.E.2d 1118, 1121 (Ind. Ct. App. 2003)). Indiana Code section 35-41-3-2(c) (2022) provides that “[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.” To prevail on a claim of self-defense, the defendant must show that he was in a place where he had a right to be; did not provoke, instigate, or participate willingly in the violence; and had a reasonable fear of death or great bodily harm. See Simpson, 915 N.E.2d at 514 (citation omitted). 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 beyond a reasonable doubt.” Id. The State may meet its burden by either rebutting the defense directly or by relying on the sufficiency of the evidence in its case-in-chief. Id. (citation omitted).

[13] Here, Walker argues that, at the time he stabbed Snow, Walker was in his car, where he had “the same right to defend himself ․ that he would have had in his dwelling.” Appellant's Br. at 14 (citing I.C. § 35-41-3-2(d)). However, Walker concedes, as he did at trial, that he was trespassing on Snow's property at the time. We agree with the State that the evidence negates at least one element of Walker's self-defense claim, namely, that he was in a place where he had a right to be when he stabbed Snow.¹ Thus, the State presented sufficient evidence to rebut Walker's self-defense claim. See Simpson, 915 N.E.2d at 514.

[14] Affirmed.

FOOTNOTES

1.   In his reply brief, Walker argues that, under Indiana Code section 35-41-3-2(d), the fact that he was in his car at the time he stabbed Snow means that he was in a place where he had a right to be, as a matter of law. We do not agree, as his car was parked on Snow's property, where he was admittedly trespassing.

Mathias, Judge.

Judges May and Bradford concur. May, J., and Bradford, J., concur.