Eddie R. Smith, Appellant-Defendant v. State of Indiana, Appellee-Plaintiff (2026)

MEMORANDUM DECISION

Case Summary

[1] Following a jury trial, Eddie R. Smith was convicted of criminal recklessness with a deadly weapon, a Level 6 felony. The trial court sentenced Smith to the maximum term of 910 days in the Department of Correction (DOC). Smith 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] Smith and Ayanna Porter met in 2012 and became friends. In October 2024, they started dating and moved in together at Smith's home in Indianapolis. On the evening of March 9, 2025, Smith and Porter were listening to music, playing Wii, drinking alcohol, and using cocaine and marijuana. They finished a fifth of vodka and purchased another bottle around 11:00 p.m. They were both heavily intoxicated. During the early morning hours of March 10, 2025, Smith and Porter began arguing. Porter went into a bedroom and slammed the door, which further upset Smith. Porter opened the door, and they continued arguing.

[4] Porter was tired and had decided to leave, so she packed a small bag. As she left through the front door, Smith called her a “bitch” several times and said, “go on, go ahead.” Transcript Vol. 2 at 115. While walking toward a nearby gas station, Porter called her stepfather, who agreed to come and pick her up.

[5] A few minutes later, just before 2:00 a.m. on March 10, 2025, Smith left the house to try find Porter. He drove his silver Chrysler 300 around the area, including by the gas station near his house, where he saw Porter walking toward the gas station. Smith stopped, exited his car, and continued to argue with Porter. Porter was unconcerned because she knew her stepfather was on his way to pick her up. Smith eventually got back in his vehicle.

[6] Moments later, as Porter walked along the sidewalk by the gas station, Smith steered his car toward Porter and hit her. Porter's body was flung from the sidewalk into the air, and she landed in the gas station parking lot. Smith stopped, briefly exited his car, and then returned to his car and drove away from the scene.

[7] Bystanders who witnessed what happened called 911. Indianapolis Metropolitan Police Department (IMPD) Officer Dominick Kimbrough arrived at the scene and saw a group of people standing around Porter. Porter was conscious but unaware of what was happening. She was bleeding from her head and had several lacerations on her arms and other parts of her body. Officer Kimbrough was not successful in gathering information from Porter because she was “moaning and groaning in pain.” Id. at 156. From further investigation at the scene, Officer Kimbrough was able to identify Smith as a possible suspect.

[8] Approximately twenty minutes after the first dispatch, Officer Kimbrough was dispatched to a different location based on a tip from a male caller. At that location, Officer Kimbrough encountered Smith and observed a silver Chrysler 300 parked nearby, which Officer Kimbrough noted had damage to the front windshield and the front bumper.

[9] On March 12, 2025, the State charged Smith with battery by means of a deadly weapon and domestic battery by means of a deadly weapon, both as Level 5 felonies, and three counts of criminal recklessness each as Level 6 felonies. On August 20, 2025, the State added charges of Level 3 felony aggravated battery, Level 5 felony domestic battery resulting in serious bodily injury, and Level 5 felony battery resulting in serious bodily injury. A jury trial was held on August 25, 2025. At the conclusion of the State's evidence, the trial court granted Smith's motion for a directed verdict on two counts of criminal recklessness. The jury found Smith guilty of the remaining count of criminal recklessness and acquitted him of the remaining charges. On September 3, 2025, the trial court sentenced Smith to 910 days (i.e., two and one-half years) in the DOC. Smith now appeals. Additional facts will be provided as necessary.

Discussion & Decision

[10] Smith 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.”).

[11] 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, Smith bears the responsibility of persuading us that his sentence is inappropriate. See Robinson v. State, 91 N.E.3d 574, 577 (Ind. 2018).

[12] The sentencing range for a Level 6 felony is six months to two and one-half years, with an advisory sentence of one year. Ind. Code § 35-50-2-7(b). As stated above, Smith was sentenced to the maximum term.

[13] Regarding the nature of the offense, Smith acknowledges that Porter's injuries were more significant than required to support his conviction for criminal recklessness with a deadly weapon. Indeed, because of being struck by Smith's car, Porter suffered a concussion, a lacerated liver, broken ribs, an injury to her spleen, and a fractured eye orbit. Months following the incident, Porter continued to suffer from pain and headaches. Further, although it is likely that Smith was heavily intoxicated, the simple fact is that he veered his car off the roadway and hit Porter with such force that his windshield was shattered and the front of his car dented. Porter went flying through the air and landed several feet away in the gas station parking lot. After he hit her, Smith stopped briefly and then fled the scene. The nature of the crime is not deserving of a lesser sentence.

[14] Turning to Smith's character, we note that Smith has accumulated four prior felonies, two of which were for domestic battery with the most recent being in 2020. He has also accumulated several misdemeanors and previously had his probation revoked. At the time of the instant offense, Smith was on probation for nonsupport of a dependent child. Smith's character does not warrant revision of his sentence.

[15] In light of the nature of the offense and Smith's character, we cannot say that his two and one-half-year sentence is inappropriate. Accordingly, his sentence is affirmed.

[16] Judgment affirmed.

Altice, Judge.

Brown, J. and DeBoer, J., concur.