Michael Percifield, Appellant-Defendant v. State of Indiana, Appellee-Plaintiff (2026)

MEMORANDUM DECISION

Case Summary

[1] Michael Percifield appeals his convictions for one count of attempted murder, as a Level 1 felony, and two counts of rape, as Level 3 felonies. He additionally challenges his aggregate sixty-seven-year sentence. We affirm.

Issues

[2] Percifield raises two issues for our review:

1. Whether the State presented sufficient evidence to support his convictions.

2. Whether his sentence is inappropriate in light of the nature of the offenses and his character.

Facts and Procedural History

[3] Percifield and A.P. were married in July 2021, and they lived in A.P.’s childhood home. By May 2024, their relationship had deteriorated, and Percifield was living elsewhere. At some point, A.P. informed Percifield that she intended to file to dissolve the marriage.

[4] On May 29, A.P. called Percifield to discuss the dissolution. Percifield asked if he could come to her house, and A.P. agreed. Percifield arrived at approximately 5:30 p.m. Once at the house, Percifield told A.P. that he did not want her to file for divorce because her reasons were “invalid” and because he “needed to get things situated.” Tr. Vol. 3 at 103. Percifield then told A.P. that he thought he was “entitled” to A.P.’s trucks, her dad's tools, “everything from the barn[,]” and $100,000. Id. A.P. told Percifield that that “wasn't fair.” Id. A.P. and Percifield “went back and forth on it” for “a while.” Id. at 104. Percifield began to get frustrated that A.P. “wouldn't agree to his terms,” so he told A.P. that she “was going to have to sell the house.” Id. A.P. responded that she “would do anything not to have to be married to him anymore.” Id.

[5] At that point, Percifield “attacked” A.P. Id. A.P. fell on the floor behind the couch, and Percifield was on top of A.P. “straddling” her. Id. Percifield also “put his hands around” A.P.’s neck, and she “couldn't breathe.” Id. at 105. Percifield then removed his hands and apologized. Percifield got off A.P. and “just stood there for a minute” while A.P. stood up. Id. A.P. then walked toward the couch to get her phone, and Percifield “ran over and grabbed it[.]” Id. The two then began to “circle[ ] around the couch,” and Percifield kept following A.P. as she tried “to get away.” Id. at 106. A.P. started walking toward the dining room to get her purse and keys, but Percifield “jumped on the couch and over it,” knocked it over, and chased A.P. Id.

[6] At some point, A.P. was able to get “close to the door,” so she took off running. Id. at 107. Percifield ran after A.P. and caught her in the yard. Percifield wrapped his arms around A.P. and “picked [her] up off the ground.” Id. Percifield then took A.P. to a pond behind the house. A.P. kept “kicking and trying to get away,” but she was not successful. Id. at 108. Percifield eventually put A.P. down with her back on the ground and feet hanging off a ledge. Percifield sat on top of A.P. and used his hands to hold her arms above her head. Percifield told A.P. that “he was going to pull [her] into the pond and drown her” and that, once she was dead, he “would use [her] phone to text himself that [she] didn't want to get a divorce.” Id. at 110. He also said that “he would play the devastated husband,” that he “would even cry when they found [her] body,” and that he would tell people that she “must have fallen down the hill and hit [her] head.” Id.

[7] Percifield then “said something about hitting [A.P.] in the face with a rock.” Id. Percifield began “searching for a rock on the ground” and told A.P. that it would be better if she were dead “because then he could get everything,” including the house and her life insurance. Id. A.P. was “afraid,” so she told Percifield that he “didn't have to kill” her and that, “if he wanted it all, he could have it.” Id. at 111. At that point, Percifield “let [A.P.] up,” and they started walking back toward the house. Id. While walking, Percifield “laughed at” A.P. because she “was scared.” Id. Percifield “thought it was funny.” Id.

[8] After A.P. and Percifield returned to the house, A.P. made dinner while Percifield went through her phone and complained that she “made him get dirty.” Id. at 115. After dinner, Percifield told A.P. that they needed to take a shower. A.P. felt like she did not have a choice, so she followed him upstairs. A.P. got undressed for a shower, but Percifield “started to have sex with” her instead. Id. at 117. A.P. did not tell Percifield to stop or “physically resist him in any way.” Id. at 118. She “just laid there” because she was afraid that “he would try to hurt” her if she made him mad. Id. After Percifield was done, A.P. was “[r]elieved” that it “was over.” Id.

[9] A.P. then took a shower. After she was done, Percifield had her get back into the shower to wash his back. While in the shower, Percifield asked A.P. “about somebody on Snap Chat.” Id. at 120. After they got out of the shower, A.P. got dressed. Percifield was still in the bathroom at the sink, so A.P. ran down the stairs to get her keys and leave. However, as A.P. got just past the bottom of the stairs, Percifield “grabbed [her] from behind,” picked her up, and told her: “You're dead.” Id. at 120-21.

[10] Percifield took A.P. into the kitchen and, while holding her around her shoulders, retrieved a box of Saran Wrap from a drawer. A.P. was able to get away from Percifield and run toward the dining room, but Percifield caught A.P. “by [her] hair.” Id. at 122. Percifield then “pinned” A.P. to the ground on her back, sat on top of her, and told her that she was “dead.” Id. Percifield “pull[ed] out” the Saran Wrap and “put[ ] it on [A.P.’s] face.” Id. A.P. was able to get one hand free and pulled the Saran Wrap off, but Percifield again “put it tight against [her] mouth and nose” and “was holding it down on [her] face.” Id. at 123. A.P. could not breathe, and she thought that she “was going to die.” Id. A.P. was able to use her tongue to “poke a hole through” the Saran Wrap. That made Percifield “mad,” and he said that “he was going to double it[.]” Id. at 124.

[11] A.P. “fought” and was “twisting and turning, trying to buck him off of [her].” Id. Percifield kept “trying to get the [S]aran [W]rap” on her face. Id. Percifield “moved up on [A.P.’s] chest” so that his legs were “right by [A.P.’s] head.” Id. A.P. then “bit him.” Id. Percifield “started hitting [A.P.] in the face.” Id. A.P. got her hands free and started grabbing at his hands. She then “grabbed his privates and squeezed and pulled” to try to get him off her. Id. at 125. Percifield responded by “slamming [A.P.’s] head against the ground.” Id. A.P.’s vision “got kind of black,” and she “started begging[.]” Id. at 126. Percifield got the Saran Wrap again and was trying to “wrap [her] head back up.” Id. Percifield attempted to wrap A.P.’s body with her arms by her sides, but A.P. was able to grab the Saran Wrap and throw it behind her.

[12] Percifield got up to get the Saran Wrap, and A.P. attempted to stand up to run away. She was unable to stand because she was “really dizzy,” so she started “crawling across the floor[.]” Id. at 127. Percifield came up behind A.P., “pushed [her] down on the ground,” and put his arm around her neck in a “choke hold.” Id. Percifield then “rolled on his back” so that A.P. was on top of him. A.P.’s neck “popped” and her tongue “came out of [her] mouth.” Id. at 128. A.P. could not breathe, and she thought Percifield was going to break her neck.

[13] A.P. was “exhausted” and finally stopped moving, so Percifield let go of her neck. Id. Percifield had A.P. get on her knees, and he began “wrapping [her] arms with the [S]aran [W]rap.” Id. But the Saran Wrap “got tangled,” and A.P. staggered toward the dining room. Id. Percifield “gave up on the [S]aran [W]rap” and had A.P. write a note saying that she “would give him all of the assets and that [she] would take on all of the debt” in the divorce. Id. at 129-30.

[14] While A.P. was writing the note, Percifield said she “looked disgusting” and that she needed to “look at what [she] made him do.” Id. at 130. Percifield then walked A.P. to the bathroom so that she could look in the mirror. When they left the bathroom, Percifield made an ice pack for A.P. and told A.P. that she needed to “go lay down upstairs.” Id. A.P. walked toward the bedroom, and Percifield followed. A.P. sat down on the bed, and Percifield gave A.P. some Benadryl. When A.P. told him that she did not want to take it, Percifield “shove[d] it in [her] mouth,” poured water in, and then checked her mouth to make sure she had swallowed it. Id. at 131. Percifield then gave A.P. a second Benadryl, but she did not take that one.

[15] Percifield got dressed and said that he wanted to go to the barn that was on the property. As they walked, A.P. was “[s]ore, tired, [and] dizzy,” and she had “a really bad headache.” Id. at 133. When they returned from the barn, Percifield took A.P. upstairs to the bedroom. Percifield then had sexual intercourse with A.P. again. A.P. was not “able to physically resist him at this point.” Id. at 137. During the interaction, Percifield said that “he was going to ruin [A.P.’s] vagina so nobody else would want” her. Id. A.P. did not feel like she could stop Percifield because she was “afraid of what would happen[.]” Id. at 139.

[16] After the sexual intercourse was over, A.P. got dressed in clothes and socks. Percifield patted the bed and asked A.P. to sit down. A.P. complied, and Percifield told her that, if she ran or called the police, “he was going to come get [her].” Id. at 139. Percifield also told A.P. that she “had to ask before [she] did anything.” Id. Later, A.P. sat in bed waiting for Percifield to fall asleep. Percifield kept going through A.P.’s phone, and he asked her what would happen if she left. A.P. responded that “he would kill [her],” and Percifield responded: “that's right.” Id. at 142. He “said that he didn't care how long, no protective order was going to stop him” and that she “could be in the middle of a police station and he would come and kill” her. Id. A.P. “[a]bsolutely” believed Percifield. Id.

[17] Percifield finally fell asleep, and A.P. ran out of the house to the neighboring home of her aunt, Elizabeth Perry. A.P. arrived at Perry's house at approximately 4:00 a.m. on May 30. A.P. was “scared” and “crying,” and she was not wearing any shoes. Id. at 59. Perry called A.P.’s sister, Samantha Rike, who is a registered nurse. Rike had Perry call 9-1-1. Rike arrived at Perry's house and observed that A.P.’s face was “swollen,” that she had “bruises on her temples, her neck, [and] behind her ear,” and that she had “two black eyes.” Id. at 75. She also observed that A.P. had bruises on her arms that looked like someone had “grabbed somebody forcefully.” Id. at 83. Rike also saw a scratch and some bruises to A.P.’s leg as well as a bruise that looked similar to bruises people had received “[b]y strangulation.” Id. at 87.

[18] The police arrived at Perry's home and took photographs of A.P., and A.P. went to the hospital. A.P. sustained a concussion, bruising that lasted “a couple of weeks,” and dizziness that lasted for at least one week. Id. at 145. Police also went to A.P.’s house to take Percifield into custody. Percifield refused to comply, and it took “about two hours” before Percifield ultimately surrendered himself. Id. at 205.

[19] The State charged Percifield with one count of attempted murder, as a Level 1 felony (Count 1); two counts of rape, as Level 3 felonies (Counts 2 and 3); one count of criminal confinement, as a Level 4 felony (Count 4); two counts of strangulation, as Level 6 felonies (Counts 5 and 6); one count of criminal confinement, as a Level 6 felony (Count 7); two counts of intimidation, as Level 6 felonies (Counts 8 and 9); and one count of domestic battery, as a Class A misdemeanor (Count 10).

[20] The court held a jury trial on Percifield's charges. During the trial, the State presented the testimony of A.P., Perry, and Rike, among others. In addition, the State presented the testimony of Kasey Flanagan, who was in a sexual relationship with Percifield at the time of the offense. Flanagan testified that Percifield had told her that he “needed to come up with an explanation for why [Saran Wrap] was involved[.]” Tr. Vol. 4 at 98. Flanagan also testified that Percifield asked her “to go along with the fantasy of rape” and to “record it” to “help create a defense” that “he enjoyed those things[.]” Id. at 99.

[21] Percifield testified and admitted that he “beat [A.P.] up” and that he had “held her down” and “hit her in the face” on more than one occasion. Id. at 137. He also admitted that he had “caused the bruising around her neck[.]” Id. He further admitted that he had carried A.P. to the pond and told her not to call the police because he “could drown her a** right there.” Id. at 138. And he admitted that he had threatened to hit A.P. in the face with a rock but that he was “just trying to scare her and terrorize her.” Id. Percifield further testified that he told A.P. to write a letter saying that he would get all the property in the divorce and that, if she did not, he would “wrap her up with [S]aran [W]rap and put her in a shallow grave.” Id. at 140. But Percifield testified that he did not put [S]aran [W]rap over A.P.’s face and that the sexual intercourse with A.P. had been consensual. At the conclusion of the trial, the jury found Percifield guilty of all ten counts as charged.

[22] The court held a sentencing hearing on October 10, 2025. During that hearing, the court identified as aggravating factors Percifield's “significant” criminal history, that he had violated the terms of his pretrial release, that he had violated a protective order, and that he had committed a crime during the pendency of the trial. Id. at 230. The court identified as mitigators that Percifield would make partial restitution and that he took partial responsibility for the offense. The court then vacated the convictions on Counts 5, 6, 7 and 10, and it sentenced Percifield to consecutive sentences of thirty-five years on Count 1, twelve years on Counts 2 and 3, and eight years on Count 4, as well as concurrent sentences of one and one-half years on Counts 8 and 9, for an aggregate sentence of sixty-seven years executed in the Department of Correction. This appeal ensued.

Discussion and Decision

Issue One: Sufficiency of the Evidence

[23] Percifield first contends that the State failed to present sufficient evidence to support three of his convictions. Our standard of review on a claim of insufficient evidence 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, 867 N.E.2d 144, 146 (Ind. 2007). We do not assess the credibility of witnesses or reweigh the evidence. Id. 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). On appeal, Percifield asserts that the State failed to present sufficient evidence to support his conviction for attempted murder and his two convictions for rape. We address each argument in turn.

Attempted Murder

[24] Pursuant to Indiana Code Sections 35-41-5-1 and 35-42-1-1(1), to prove that Percifield attempted to commit murder as charged, the State was required to show that, with the intent to commit the crime of murder, Percifield placed cellophane wrap over A.P.’s face and head with the intent to kill, which conduct comprised a substantial step toward the commission of the crime of murder. On appeal, Percifield asserts that the State failed to present sufficient evidence that he acted with the specific intent to kill A.P. In particular, he argues that “his intent was to scare” A.P., that he attempted to help her by providing ice packs and medication, that he did not retrieve “the loaded firearm [of which] he knew the exact location,” and that A.P. prepared dinner, all of which demonstrate that he did not have a “specific intent to kill A.P.” Appellant's Br. at 9-10. We cannot agree.

[25] The State charged Percifield with attempted murder based on his placement of Saran Wrap on A.P.’s face and head. Prior to that, Percifield had straddled A.P. on the floor while placing his hands around her neck to the point that she could not breathe. After Percifield got off A.P., she tried to get away, but he caught her and carried her to the pond. Percifield put A.P. on the ground and sat on top of her while holding her hands above her head, and he threatened to drown her and make her death look like an accident. He then threatened to hit her in the face with a rock and even began looking for a rock to use. And he said that things would be better if she were dead because “then he could get everything,” including the house and her life insurance. Tr. Vol. 3 at 110. Percifield stopped only when A.P. agreed to give him everything in the divorce.

[26] After that, they returned to the house. A.P. made dinner and then engaged in sexual intercourse with Percifield because she was afraid of what he would do if she angered him. After they showered, A.P. again attempted to flee, but Percifield caught her and told her: “You're dead.” Id. at 121. At that point, Percifield took A.P. into the kitchen, pinned her to the ground, and placed Saran Wrap over her face. When A.P. was able to get an arm free and remove the plastic wrap, he put on more, and he put it tight against her nose and mouth and held it down over her face. A.P. was able to use her tongue to poke a hole in the Saran Wrap, which angered Percifield. A.P. kept twisting and turning to try to get Percifield off her, but he continued to try to get plastic wrap on her face. He stopped only after A.P. was able to inflict injury on Percifield.

[27] Based on the evidence of repeated threats to kill A.P. and the repeated placement of plastic wrap over A.P.’s mouth and nose that prevented her from breathing normally, a reasonable jury could readily conclude that Percifield had acted with the intent to kill A.P. Percifield's argument on appeal is simply a request that we reweigh the evidence, which we cannot do. The State presented sufficient evidence to support Percifield's conviction for attempted murder.

Rape

[28] Percifield next contends that the State failed to present sufficient evidence to support his two convictions for rape. To prove that Percifield committed rape, the State was required to show that he knowingly or intentionally had sexual intercourse with A.P. when A.P. was compelled by force or imminent threat of force. See Ind. Code § 35-42-4-1(a)(1). Percifield contends that the State failed to prove that A.P. was compelled by force or the threat of force and that her actions “point to consent rather than resistance to rape.” Appellant's Br. at 10.

[29] However, the evidence most favorable to the verdict demonstrates that, prior to the first instance of sexual intercourse, Percifield had attacked A.P. and strangled her such that she could not breathe, chased her through the house, carried her to the pond, held her down, threatened to drown her and fake an accident, threatened to hit her in the head with a rock, and told her that everything would be better if she were dead. When they returned to the house, A.P. went upstairs with Percifield because she felt like she did not have a choice. Percifield then engaged in sexual intercourse with A.P.

[30] While A.P. admitted that she did not try to stop him or physically resist in any way, she testified that she was afraid that “he would try to hurt [her]” if she made him mad. Tr. Vol. 3 at 118. Based on the violence that preceded, a reasonable jury could conclude that A.P. did not consent but was compelled by a threat of force. The State presented sufficient evidence to demonstrate that the first act of sexual intercourse amounted to rape.

[31] After that incident, A.P. was additionally subjected to life-threatening violence when Percifield repeatedly placed plastic wrap over her face, slammed her head into the ground, placed her in a choke hold, and caused her neck to pop. In addition, Percifield attempted to wrap A.P.’s body in Saran Wrap, forced her to write a note saying that he would get all the assets in the divorce, and shoved Benadryl down her throat. After all of that, Percifield again engaged in sexual intercourse with A.P. A.P. was not “able to physically resist[,]” and she was “afraid of what would happen” if she tried to stop Percifield. Id. at 137, 139. Stated differently, prior to the second sexual act, Percifield had subjected A.P. to hours of brutal violence. That is sufficient evidence to show that A.P. was compelled by the threat of force to engage in sexual intercourse with Percifield.

[32] The State presented sufficient evidence to support Percifield's convictions for rape. His arguments on appeal are an improper request for this Court to reweigh the evidence, which we cannot do. We affirm Percifield's rape convictions.

Issue Two: Appropriateness of Sentence

[33] Indiana Appellate Rule 7(B) provides that “[t]he Court may revise a sentence authorized by statute if, after due consideration of the trial court's decision, the Court finds that the sentence is inappropriate in light of the nature of the offense and the character of the offender.” This Court has recently held that “[t]he advisory sentence is the starting point the legislature has selected as an appropriate sentence for the crime committed.” Sanders v. State, 71 N.E.3d 839, 844 (Ind. Ct. App. 2017), trans. denied. And the Indiana Supreme Court has recently explained that:

The principal role of appellate review should be to attempt to leaven the outliers ․ but not achieve a perceived “correct” result in each case. Cardwell v. State, 895 N.E.2d 1219, 1225 (Ind. 2008). Defendant has the burden to persuade us that the sentence imposed by the trial court is inappropriate. Anglemyer v. State, 868 N.E.2d 482, 494 (Ind.), as amended (July 10, 2007), decision clarified on reh'g, 875 N.E.2d 218 (Ind. 2007).

Shoun v. State, 67 N.E.3d 635, 642 (Ind. 2017) (omission in original).

[34] Indiana's flexible sentencing scheme allows trial courts to tailor an appropriate sentence to the circumstances presented, and the trial court's judgment “should receive considerable deference.” Cardwell, 895 N.E.2d at 1222. Whether we regard a sentence as inappropriate at the end of the day turns on “our sense of the culpability of the defendant, the severity of the crime, the damage done to others, and myriad other factors that come to light in a given case.” Id. at 1224. The question is not whether another sentence is more appropriate, but rather whether the sentence imposed is inappropriate. King v. State, 894 N.E.2d 265, 268 (Ind. Ct. App. 2008). Deference to the trial court “prevail[s] unless overcome by compelling evidence portraying in a positive light the nature of the offense (such as accompanied by restraint, regard, and lack of brutality) and the defendant's character (such as substantial virtuous traits or persistent examples of good character).” Stephenson v. State, 29 N.E.3d 111, 122 (Ind. 2015).

[35] The sentencing range for Percifield's Level 1 felony conviction is twenty years to forty years, with an advisory sentence of thirty years. I.C. § 35-50-2-4(b). The sentencing range for a Level 3 felony is three years to sixteen years, with an advisory sentence of nine years. I.C. § 35-50-2-5(b). The sentencing range for a Level 4 felony is two years to twelve years, with an advisory sentence of six years. I.C. § 35-50-2-5.5. And the sentencing range for a Level 6 felony is six months to two and one-half years, with an advisory sentence of one year. I.C. § 35-50-2-7(b). Following a sentencing hearing, the court sentenced Percifield to consecutive sentences of thirty-five years on Count 1, twelve years on Counts 2 and 3, and eight years on Count 4, as well as concurrent sentences of one and one-half years on Counts 8 and 9, for an aggregate sentence of sixty-seven years executed in the Department of Correction.

[36] On appeal, the entirety of Percifield's argument is as follows:

While Percifield's criminal history is lengthy, most of his convictions are misdemeanor offenses. While Percifield has two prior felony convictions, they date back to 2012/2013. When sentenced to probation in the past, Percifield generally successfully completed probation. He further successfully completed home detention and parole in the past. Percifield accepted responsibility, admitting to many counts in open court. Further he demonstrated remorse in his testimony. Lastly, Percifield testified to having post-traumatic stress syndrome (PTSD).

In light of the guideline aggravating and mitigating circumstances and the nature of the offenses herein and Percifield's character, an aggregate sentence of sixty-seven (67) years is excessive and inappropriate.

Appellant's Br. at 13.

[37] However, Percifield has not met his burden on appeal to demonstrate that his sentence is inappropriate. As for the nature of the offenses, Percifield brutally attacked his wife for several hours and in several locations. When the altercation first began, Percifield straddled A.P. while she was on her back and put his hands around her neck such that she could not breathe. He then stood up and apologized but ran after her as soon as she tried to get to her phone. Percifield caught up to A.P., picked her up, and dragged her to the pond where he threatened to drown her and then fake an accident to explain her death. Percifield also threatened to hit A.P. in the head with a rock and even attempted to find one but ultimately stopped when A.P. said that he could have every asset in the divorce. At that point, the two went back to the house, and Percifield laughed at A.P. for having been afraid.

[38] Once back at the house, Percifield raped A.P. After Percifield took a shower, A.P. tried to escape, but Percifield caught her and again threatened her life. He put Saran Wrap over her face and, when she was able to poke a hole through, he attempted to put even more Saran Wrap on. A.P. was able to bite Percifield's legs and squeeze his genitals in an attempt to get away, but Percifield responded by slamming her head into the ground. A.P. tried to crawl away, but Percifield again stopped her, putting her in a choke hold. He made a movement that caused A.P.’s neck to snap and tongue to come out of her mouth. At that point, A.P., who was exhausted, stopped fighting.

[39] Percifield then forced A.P. to write a note giving him all the assets in the divorce before forcing A.P. to take Benadryl and then raping her again. Following the second rape, Percifield eventually fell asleep, and A.P. was able to escape to her aunt's house, where she called her sister and 9-1-1. As a result of the incident, A.P. suffered several physical injuries, some of which lasted for several weeks. But she also continues to suffer from several emotional injuries that affect her daily life. Given the heinousness of the actions against his own wife, Percifield has not shown that his sentence is inappropriate in light of the nature of the offense.

[40] Regarding his character, Percifield has a criminal history that includes eleven prior misdemeanor convictions and two prior felony convictions. In addition, he has had one failed attempt at probation. Further, Percifield violated a protective order, and he committed a new crime while in a courtroom holding cell. Percifield has not shown substantial virtuous traits or persistent examples of good character. See Stephenson, 29 N.E.3d at 122. Percifield's sentence is not inappropriate.

Conclusion

[41] The State presented sufficient evidence to support Percifield's convictions. And his sentence is not inappropriate in light of the nature of the offenses and his character. We therefore affirm his convictions and sentence.

[42] Affirmed.

Bailey, Judge.

Brown, J., and Weissmann, J., concur.