WHEELER v. STATE (2025)

MEMORANDUM DECISION

Case Summary

[1] Patrick Wheeler pled guilty, pursuant to a plea agreement, to Level 3 felony neglect of a dependent resulting in serious bodily injury. The trial court sentenced him to twelve years in the Indiana Department of Correction (DOC), with two years suspended to probation. Wheeler appeals, arguing that his sentence is inappropriate in light of the nature of the offense and his character.

[2] We affirm.

Facts & Procedural History

[3] Wheeler and Marianne Davis dated for many years before having their son, I.W., on October 10, 2023. The family lived in Vigo County in a home owned by and rented from Davis's father (Grandfather). Their finances were tight, so Grandfather began forgiving rent payments and paying for their utilities from October onward.

[4] In November, Wheeler started a job as a train conductor, but he quit that job in late January 2024 because he felt it was too dangerous. This resulted in Davis going back to work as a hair stylist to help support the family. Wheeler felt like a failure. The plan was for Davis's mother (Grandmother) to quit her job and start caring for I.W. during the day so that Wheeler could look for a new job and Davis could continue working. Grandmother put in her two-week notice and was to begin caring for I.W. on February 19, 2024. Meanwhile, Davis returned to work full-time on February 13, which resulted in Wheeler being I.W.’s sole caregiver during the day while Davis worked.

[5] On the morning of February 16, Davis left four-month-old I.W. in Wheeler's care as she went to work. Later that day, Wheeler took an unresponsive and seizing I.W. to the local emergency room. I.W. was then life-lined to Riley Children's Hospital in Indianapolis, where he had an MRI of the brain and total spine. The MRI showed subdural hemorrhages on both sides of his brain and a spinal subdural hemorrhage.

[6] The Indiana Department of Child Services (DCS) began an investigation that same day. At the time, Wheeler had reported two prior instances of accidentally dropping I.W. He claimed that about one month earlier, he had dropped I.W. onto a changing table, resulting in I.W. striking his head on the corner of the table. Wheeler added that days after that first incident, he dropped I.W. over his shoulder while picking him up, and I.W. fell headfirst onto the hardwood floor.

[7] I.W.’s treating physician at Riley, Dr. Leah Garvin, ruled out Wheeler's alleged explanations for the injuries. Dr. Garvin explained that a spinal subdural hemorrhage is “highly associated with abusive head trauma and very rare in accidental injury” and that the reported history of accidental drops was not consistent with the spinal hemorrhage, nor with the amount of hemorrhaging in I.W.’s brain. Exhibits Vol. at 8. Dr. Garvin noted that I.W. could have sustained the same severe injuries if he were to have fallen from a height of ten or more meters or been in a major car accident. In sum, Dr. Garvin concluded the “constellation of findings” from the MRI was “most indicative of non-accidental/inflicted injury, specifically abusive head trauma.” Id.

[8] When confronted with the Dr. Garvin's conclusions during a second interview with police, Wheeler maintained his story. He was arrested on February 20, 2024. I.W. was released from the hospital around this same time and placed by DCS into the care of Grandmother and Grandfather, where he thereafter remained.

[9] On February 23, 2024, the State charged Wheeler with domestic battery and neglect of a dependent, both as Level 3 felonies. On April 20, 2025, two days before his scheduled jury trial, Wheeler entered into a plea agreement with the State. He pled guilty to the neglect charge, and the State agreed to dismiss the battery charge. Sentencing was left to the trial court's discretion.

[10] At the sentencing hearing on July 7, 2025, the State read victim impact letters from Grandfather and Davis into the record. These statements detailed I.W.’s stay in the ICU and his condition after release. As a result of his head trauma, I.W. experienced seizures, had severely crossed eyes, would cry in extreme pain, and could not handle even dim light at first. He had to take anti-seizure medication for nine months and, at the time of the sentencing hearing, was still in weekly occupational therapy and wearing corrective eyewear.

[11] Wheeler presented evidence of his active engagement in classes and therapy offered at the jail and his treatment for depression. He also gave a new account of how I.W. was allegedly injured. Wheeler claimed that he experienced a panic attack while holding I.W. and “kind of blacked out,” falling to the ground with I.W. Transcript at 48. At some point I.W. let out an alarming cry followed by a moaning noise. Realizing that “something was wrong” and that I.W. “wasn't very alert,” Wheeler ran water on I.W. to try to get him to respond. Id. at 49. Wheeler did not call 911, and he waited about twenty-five minutes before heading to the hospital after finding I.W. unresponsive.

[12] At the conclusion of the sentencing hearing, the trial court sentenced Wheeler to twelve years in the DOC, with two of those years suspended to probation. The court recognized as mitigating that Wheeler had no prior criminal history, was a low risk to reoffend, and suffered from depression and anxiety. But it found these outweighed by the following aggravators: I.W.’s injuries were caused by shaken baby syndrome; the injuries were significant and greater than necessary to prove the commission of the offense; and Wheeler's delay in seeking medical treatment showed a lack of concern for I.W.’s wellbeing.

[13] Wheeler now appeals his sentence. Additional information will be provided below as needed.

Discussion & Decision

[14] Wheeler seeks our independent review of the appropriateness of his sentence under Ind. Appellate Rule 7(B), which allows us to revise a sentence if “after due consideration of the trial court's decision” we find that “the sentence is inappropriate in light of the nature of the offense and the character of the offender.” Id.; see also Hoak v. State, 113 N.E.3d 1209, 1209 (Ind. 2019) (“Even when a trial court imposes a sentence within its discretion, the Indiana Constitution authorizes independent appellate review and revision of this sentencing decision.”).

[15] Our principal task in this regard is “ ‘to attempt to leaven the outliers,’ not to achieve a ‘correct’ result in every case.” Hancz-Barron v. State, 235 N.E.3d 1237, 1248 (Ind. 2024) (quoting Cardwell v. State, 895 N.E.2d 1219, 1225 (Ind. 2008)). “And we generally defer to the sentence imposed unless a defendant presents ‘compelling evidence’ portraying the nature of the offense and their character in a positive light.” Id. (quoting Stephenson v. State, 29 N.E.3d 111, 122 (Ind. 2015)). Thus, Wheeler bears the responsibility of persuading us that his sentence is inappropriate. See Robinson v. State, 91 N.E.3d 574, 577 (Ind. 2018).

[16] The sentencing range for a Level 3 felony is three to sixteen years, with an advisory sentence of nine years. Ind. Code § 35-50-2-5(b). As stated above, Wheeler received an aggravated twelve-year sentence of which two years were suspended to probation.

[17] Regarding the nature of the offense, Wheeler simply argues that his offense was less egregious than a typical child abuse case because it occurred when he blacked out while having a panic attack from overwhelming anxiety. We reject this argument, which is based solely on self-serving testimony that is inconsistent with his prior statements and is not supported by the medical evidence. The record shows that a helpless four-month-old infant was the victim of knowing or intentional abuse at the hands of his own father. And even when the seriousness of I.W.’s injuries became apparent to Wheeler, he did not call 911 but rather waited twenty-five minutes before driving to the hospital. I.W. was unresponsive and seizing upon arrival at the hospital and had to be flown to Riley by life-line helicopter. I.W. suffered hemorrhaging to both sides of his brain and to his spine, spent days in the hospital, and required extensive neurological treatment, occupational therapy, and ophthalmological treatment following his release from the hospital. In sum, the nature of this offense was particularly egregious and deserving of an aggravated sentence.

[18] Turning to Wheeler's character, we acknowledge that he had no prior criminal history and has been identified as a low risk to reoffend. Further, while in jail, he took steps to address his mental health and to enhance his coping and parenting skills. Wheeler claims that he “expressed genuine remorse for the pain he caused I.W. and the strain on Davis and her parents.” Appellant's Brief at 12. The genuineness of his remorse is not so clear and is dampened by Wheeler's consistent attempts to shift blame from himself and essentially claim, contrary to the medical evidence, that I.W.’s injuries were accidental.

[19] In light of the nature of the offense and Wheeler's character, we cannot say that his twelve-year, partially suspended sentence is inappropriate. Accordingly, his sentence is affirmed.

[20] Judgment affirmed.

Altice, Chief Judge.

May, J. and Foley, J., concur.