Richard J. Zelenka, Appellant-Defendant v. State of Indiana, Appellee-Plaintiff (2026)

MEMORANDUM DECISION

[1] Richard J. Zelenka (“Zelenka”) appeals following his convictions of Class A misdemeanor battery resulting in bodily injury,¹ Level 6 felony domestic battery,² and Level 6 felony strangulation.³ Zelenka argues the State failed to present sufficient evidence to support his convictions of Class A misdemeanor battery and Level 6 felony domestic battery because the evidence did not demonstrate that he pushed either of his victims, as was alleged in the charging information. Because the facts most favorable to the convictions support the jury's verdicts, we affirm.

Facts and Procedural History

[2] Zelenka and his wife Robin resided in their Indianapolis home with their three adult children – Roland, Sorea, and Autumn – and Autumn's fiancé, Brittany Novak (“Novak”).⁴ Together, they had ten to twelve cats, ten ducks, and five dogs. On July 20, 2024, Zelenka became “irritated” and “angry” (Tr. Vol. 2 at 83) about the cats in the home, and he began yelling that he wanted the cats “gone” (id. at 83) and that Robin “needed to get rid of ‘em.” (Id. at 84.) Robin, who was sitting on the couch in the living room while Zelenka “stomp[ed] back and forth[,]” responded to Zelenka that she did not have to listen to him. (Id. at 84.) Zelenka grabbed the marble coffee table in front of Robin, lifted it two or three inches off the ground, and “slammed it down.” (Id. at 84.)

[3] Upon hearing the “loud thud[,]” Autumn and Novak exited their bedroom to check on Robin. (Id. at 108.) When they entered the living and dining room area, they observed Zelenka pacing, yelling, and knocking things off the dining table. Novak picked up an item that Zelenka had knocked over and shook his head “in disbelief[.]” (Id. at 111.) Zelenka said, “[O]h, you're gonna shake your head at me” and “charge[d]” toward Novak. (Id. at 112.)

[4] In an effort to deescalate the situation, Autumn stepped between Zelenka and Novak and pushed Novak toward the door so they could go outside. Zelenka continued toward Autumn and Novak and “sw[u]ng his right fist” toward them. (Id. at 115.) Autumn ducked, and Novak raised his palms out over Autumn's shoulders to put distance between her and Zelenka. Autumn became “locked in” between Novak and Zelenka while Zelenka “grappl[ed] or wrapped around” Novak (id. at 117) and placed both Autumn and Novak in a “bear hug.” (Id. at 163.)

[5] The parties then “tumbled to the ground” (id.), where Zelenka “pinned” both Novak and Autumn for approximately a minute. (Id. at 177.) Zelenka pinned Autumn against a recliner “across the majority of [her] body.” (Id. at 118.) “[W]ith his weight of his body and his knee into [Novak's] chest,” Zelenka held Novak to the ground, injuring Novak's back. (Id. at 87.) Novak, “not able to breathe[,]” (id. at 178), made “gurgling” sounds. (Id. at 122.) Robin told Zelenka to “get off,” and she called the police. (Id. at 87.) Roland, having heard the altercation from upstairs, also called the police. When Autumn heard Novak struggling to breathe, she bit Zelenka on his left shoulder to “get him off of” Novak. (Id. at 124.) Zelenka got up off Autumn and Novak and went upstairs, while Autumn, Novak, and Robin went outside to wait for the police.

[6] The State charged Zelenka with Level 6 felony strangulation of Novak, Level 6 felony domestic battery against Autumn, and Class A misdemeanor battery resulting in bodily injury against Novak. After a jury trial on June 9, 2025, the trial court found Zelenka guilty of all counts. Following a sentencing hearing, the trial court imposed an aggregate sentence of 1,090 days.

Discussion and Decision

[7] Zelenka argues the State failed to present sufficient evidence to sustain his convictions of Class A misdemeanor battery and Level 6 felony domestic battery. Sufficiency of the evidence claims prompt a deferential standard of review in which we “neither reweigh the evidence nor judge witness credibility, instead reserving those matters to the province of the jury.” Hancz-Barron v. State, 235 N.E.3d 1237, 1244 (Ind. 2024). A conviction is supported by sufficient evidence if “there is substantial evidence of probative value supporting each element of the offense such that a reasonable trier of fact could have found the defendant guilty beyond a reasonable doubt.” Id. Our review considers “only the evidence that supports the jury's determination, not evidence that might undermine it.” Id.

[8] To establish that Zelenka committed the offenses of Class A misdemeanor battery and Level 6 felony domestic battery, the State was required to prove knowing or intentional touches that were “rude, insolent, or angry[.]” Ind. Code § 35-42-2-1(c)(1) & Ind. Code § 35-42-2-1.3(a)(1). In the charging information, the State specifically alleged Zelenka's touches to both Autumn and Novak occurred by “pushing[.]” (Appellant's App. Vol. II at 31.)

[9] Zelenka argues the State failed to present sufficient evidence that he pushed Autumn and Novak. However, as the State correctly notes, pushing “does not require one to use one's hands[.]” (Appellee's Br. at 9.) “Push” is defined as “[t]o apply pressure against (something), especially for the purpose of moving it[;]” “[t]o move (something) by exerting force against it;” or “[t]o exert downward pressure on[.]” Push, American Heritage Dictionary, https://ahdictionary.com/word/search.html?q=push [https://perma.cc/W6CQ-PEN9]. Here, evidence proved that Zelenka pressed against and applied force to Autumn and Novak. Autumn testified that Zelenka “was grappling or wrapped around [Novak],” (Tr. Vol. 2 at 117), that Zelenka had both Autumn and Novak “pinned,” (id. at 132), and that Zelenka “held [them] down” for approximately a minute. (Id. at 133.) Novak explained that Zelenka “[put] his arms around” both Autumn and Novak, causing them all to fall to the ground. (Id. at 176.) Novak also testified that Zelenka “pinned” Autumn and Novak to the ground by pressing his body weight against Autumn and placing his knee on Novak's diaphragm. (Id. at 177.) Thus, the State presented sufficient evidence that Zelenka battered both Autumn and Novak by applying force to and pressing against, or pushing, them.

Conclusion

[10] The State presented sufficient evidence that Zelenka battered Autumn and Novak by using force to press against, or push, them. Accordingly, we affirm his convictions of battery.

[11] Affirmed.

FOOTNOTES

1.   Ind. Code § 35-42-2-1(c)(1).

2.   Ind. Code § 35-42-2-1.3(a)(1).

3.   Ind. Code § 35-42-2-9(c).

4.   Novak was assigned female at birth and now uses male pronouns. Novak's preferred name, Phin, is used throughout the record.

May, Judge.

Mathias, J., and Felix, J., concur.