BAKER v. STATE (2025)

MEMORANDUM DECISION

Case Summary

[1] Zachary L. Baker appeals his conviction for Level 5 felony intimidation, arguing the evidence is insufficient to support the conviction. We affirm.

Facts and Procedural History

[2] On October 1, 2024, Baker and his brother, Austin, were staying at the home of their parents, Deborah and Jeffrey. That day, Baker confronted Austin and accused him of stealing Baker's cigarettes. At some point during the confrontation, Baker “went downstairs, came back up with two twelve gauge shotguns, [and] told [Austin] to get out” of the house or Baker would “blow [Austin's] brains out.” Tr. Vol. II pp. 155, 160. Austin exited the house and phoned Deborah.

[3] When Deborah arrived at the home, she and Austin attempted to go into the house. As they entered, Baker said, “come in here and I'll bust your heads.” Id. at 138. The two then went back outside and called 9-1-1. Sergeant Mark Wilson of the Morgan County Sheriff's Department arrived and used his car's PA system to call out to Baker, who eventually came outside and was arrested. Austin later took Sergeant Wilson inside and showed him the shotguns Baker had used.

[4] The State charged Baker with Level 5 felony intimidation, Class A misdemeanor pointing a firearm, and Class B misdemeanor disorderly conduct. A jury trial was held in March 2025. At trial, a photo of the shotguns was admitted, and Austin testified the photo showed the guns Baker used. Austin also confirmed he knew these to be “real guns[.]” Id. at 158. Deborah testified that her husband stored “actual guns” in the basement. Id. at 149.

[5] The jury found Baker guilty of Level 5 felony intimidation and Class B misdemeanor disorderly conduct, but not guilty of Class A misdemeanor pointing a firearm. Due to double-jeopardy concerns, the trial court entered judgment of conviction only as to the Level 5 intimidation count. The court sentenced Baker to four years, with three years executed in the Indiana Department of Correction and one year suspended to probation. Baker now appeals.

Discussion and Decision

[6] Baker challenges the sufficiency of the evidence, specifically whether the State showed sufficient evidence that he used a firearm. Our standard of review is well settled:

For sufficiency of the evidence challenges, we consider only probative evidence and reasonable inferences that support the judgment of the trier of fact. On sufficiency challenges, we will neither reweigh evidence nor judge witness credibility. We will affirm the conviction unless no reasonable fact-finder could find the elements of the crime proven beyond a reasonable doubt.

Hall v. State, 177 N.E.3d 1183, 1191 (Ind. 2021) (citations omitted).

[7] To convict Baker of Level 5 felony intimidation, the State had to prove he communicated a threat to harm a person with the intent that they be placed in fear that the threat would be carried out, and that he did so while using a deadly weapon. See Ind. Code § 35-45-2-1(b)(2)(A) (2022). The term “deadly weapon” is defined by statute as including a “loaded or unloaded firearm[.]” Ind. Code § 35-31.5-2-86(a)(1) (2012). A firearm is a weapon capable of expelling, designed to expel, or that may be readily converted to expel a projectile by means of an explosion. Ind. Code § 35-47-1-5 (2008).

[8] Baker points to various evidence the State did not produce—such as the make or model of the guns—and contends that without this the evidence is insufficient to show he used a firearm. But as the State notes, “[i]n reviewing sufficiency claims, we look at what evidence was presented to the jury, not at what evidence was not presented.” Meehan v. State, 7 N.E.3d 255, 259 (Ind. 2014) (emphasis in original). Here, Deborah and Austin testified the shotguns Baker possessed were “real” or “actual.” Tr. Vol. II pp. 149, 158. And Sergeant Wilson testified that Austin showed him the guns Baker used and that he recognized those guns to be firearms capable of expelling a shell or a bullet. This is sufficient evidence from which the jury could determine Baker used a loaded or unloaded firearm.

[9] Affirmed.

Scheele, Judge.

Brown, J., and Felix, J., concur.