Eric J. King, Appellant-Defendant v. State of Indiana, Appellee-Plaintiff (2026)

MEMORANDUM DECISION

Statement of the Case

[1] Eric King (“King”) appeals the twenty-six year aggregate sentence imposed after he pleaded guilty to Level 3 felony robbery,¹ Level 4 felony escape,² Level 6 felony resisting law enforcement,³ and Level 6 felony criminal recklessness.⁴ He specifically argues that his sentence is inappropriate. Concluding that King has failed to show that his sentence is inappropriate, we affirm the trial court's judgment.

[2] We affirm.

Issue

Whether King's sentence is inappropriate.

Facts

[3] In July 2023, forty-year-old King, who was serving a community corrections sentence on home detention in Martin County, used methamphetamine, cut off his ankle monitor, and drove away from his home in his truck. Indiana State Police (“ISP”) Trooper Andrew Beaver (“Trooper Beaver”), who was wearing a body camera and whose car had an in-car camera, encountered King, who was sitting in his truck on the side of a busy road. Trooper Beaver ordered King to exit the truck; however, King disregarded Trooper Beaver's order and sped away.

[4] Trooper Beaver engaged the lights and sirens on his ISP vehicle (“the ISP vehicle”) and pursued King. During the pursuit, King reached speeds of up to seventy miles per hour and drove left of the center line despite oncoming traffic. While he was driving, King threw several objects, including the truck's center console, out of the window. King then turned onto a gravel road, and Trooper Beaver had to slow down because the dust impaired his ability to see the road. After King turned back onto a paved road, Trooper Beaver was able to catch up to him again.

[5] When King appeared to be running out of gas and turned into a gravel driveway, Trooper Beaver pulled in behind him. King exited the truck armed with a knife and quickly walked towards Trooper Beaver, who had exited his vehicle and who was pointing his rifle at King. Trooper Beaver took several steps backwards as he repeatedly ordered King to stop. King ignored Trooper Beaver's orders, got into the ISP vehicle, and, as he drove away, hit a Martin County Sheriff's Department vehicle (“the MCSD vehicle”) that was blocking the road.

[6] Trooper Beaver, who fired shots from his rifle at the ISP vehicle as King drove away, got into the MCSD vehicle, and he and the sheriff's department deputy pursued King. During this pursuit, King drove over ninety miles per hour on narrow and hilly country roads. King subsequently lost control of the ISP vehicle and drove into a bean field. He then fled from the damaged vehicle on foot and spent the night in the woods. A Greene County Sheriff's Department deputy apprehended him the following morning.

[7] In September 2023, the State charged King with Level 3 felony robbery, Level 6 felony theft, Level 4 felony escape, Level 5 felony battery, Level 6 felony resisting law enforcement, and Level 6 felony criminal recklessness. The State also alleged that King was an habitual offender.

[8] Two years later, in July 2025, King pleaded guilty, pursuant to a plea agreement, to Level 3 felony robbery, Level 4 felony escape, Level 6 felony resisting law enforcement, and Level 6 felony criminal recklessness. In exchange for King's guilty plea, the State dismissed the remaining counts and the habitual offender allegation. Pursuant to the terms of the plea agreement, sentencing was left to the trial court's discretion.

[9] At King's September 2025 sentencing hearing, the trial court reviewed King's presentence investigation report, which revealed that King has an extensive multi-county criminal history that spans more than twenty years. Specifically, King has juvenile delinquency adjudications for committing what would be Class D felony theft, Class A misdemeanor possession of marijuana, Class C misdemeanor illegal possession of an alcoholic beverage, and Class A misdemeanor possession of paraphernalia if committed by an adult.

[10] In 2000, seventeen-year-old King was waived into adult court and convicted of Class D felony theft in Martin County. King also has convictions for Class D felony resisting law enforcement in Martin County, Class D felony possession of methamphetamine in Martin County, Class B felony burglary in Lawrence County, Class D felony operating a vehicle while intoxicated in Daviess County, Class D felony operating a vehicle while intoxicated in Martin County, Class D felony battery in Martin County, Level 5 felony possession of methamphetamine in Martin County, Level 6 felony unlawful possession of a syringe in Martin County, and Level 5 felony carrying a handgun without being licensed in Martin County.

[11] In addition, King has three convictions for Class A misdemeanor possession of marijuana in Martin County. He also has two convictions for Class C misdemeanor illegal possession of an alcoholic beverage in Martin County and one conviction for Class C misdemeanor illegal possession of an alcoholic beverage in Lawrence County. King also has convictions for Class B misdemeanor disorderly conduct in Martin County, Class A misdemeanor operating a vehicle with an alcohol concentration equivalent to .15 or more in Dubois County, and Class B misdemeanor public intoxication in Lawrence County.

[12] Further, by the time of the sentencing hearing, King had been convicted and sentenced in Martin County for Level 6 felony escape for removing his ankle monitor shortly before he committed the offenses in this case. He had also been convicted and sentenced for Level 6 felony battery for an incident that had occurred while he was incarcerated in the Martin County Jail following his Level 6 felony escape conviction and while awaiting the trial in this matter.

[13] In addition, at the sentencing hearing, the trial court admitted into evidence Trooper Beaver's body cam and in-car videos of the incident. Further, Trooper Beaver testified that he had dealt with King numerous times in the past and that King was known to have knives and to resist law enforcement. According to Trooper Beaver, most of his interactions with King had “ended up in a fight and jailtime.” (Tr. Vol. 2 at 48). Trooper Beaver also testified that the first few months after the incident in this case were “a little rough on [him] mentally.” (Tr. Vol. 2 at 48). According to Trooper Beaver, he had sought therapy, which had been helpful. Trooper Beaver further testified that following this incident, his wife had asked him to take a desk job as soon as possible, which had necessitated the family relocating from their home in Loogootee to Martinsville.

[14] King's mother (“King's mother”) testified that King's father had mentally abused King. Further, according to King's mother, when King was thirteen years old, his father had died and his father's friend had introduced King to drugs. King's mother further testified that King began having mental health issues after a law enforcement officer had tased King in the head.

[15] After reviewing King's PSI and hearing testimony, the trial court found that King had “a long history of felony and misdemeanor convictions that show[ed] complete disregard for others’ safety and well-being of the community.” (Tr. Vol. 2 at 78). The trial court specifically reviewed King's multi-county convictions and further noted that King had been serving a community corrections sentence when he had committed the offenses in this case. In addition, the trial court noted that King had a history of probation violations. The trial court further found that the impact of the offenses on Trooper Beaver, his family, and the path of his career as a law enforcement officer was an aggravating factor.

[16] In addition, the trial court found that King's guilty plea was a mitigating factor. However, the trial court further found that the mitigating weight of the factor was diminished by the overwhelming evidence against King as seen in Trooper Beaver's body cam and in-car videos and by the State's dismissal of the habitual offender allegation. The trial court also found as mitigating factors King's cooperation with law enforcement after he had been apprehended and King's childhood trauma resulting in mental health and substance abuse issues. Lastly, the trial court found that King's expressed remorse for his actions was a mitigating factor. However, the trial court further found that the degree of remorse was suspect in light of King's extensive criminal history and the fact that he had committed a felony offense while in jail awaiting his trial in this case. The trial court also found that the severity of the aggravating factors outweighed the mitigating factors.

[17] Thereafter, the trial court sentenced King to fifteen (15) years for the Level 3 felony robbery conviction, eleven (11) years for the Level 4 felony escape conviction, two (2) years for the Level 6 felony resisting law enforcement conviction, and two (2) years for the Level 6 felony criminal recklessness conviction. Further, the trial court ordered the sentences for the Level 4 felony escape conviction, the Level 6 felony resisting law enforcement conviction, and the Level 6 felony criminal recklessness conviction to run concurrently with each other. In addition, the trial court ordered the sentence for those convictions to run consecutively to the sentence for the Level 3 felony robbery conviction. Lastly, the trial court ordered King to serve this twenty-six (26) year aggregate sentence in the Department of Correction (“the DOC”). Pursuant to the terms of the plea agreement, the trial court also ordered King to pay $1980.84 in restitution for damages to the MCSD vehicle and $21,550.00 in restitution for damages to the ISP vehicle.

[18] King now appeals.

Decision

[19] King argues that his twenty-six-year aggregate sentence is inappropriate. He specifically asks this Court to “enter a more appropriate sentence.” (King's Br. 5).

[20] Indiana Appellate Rule 7(B) provides that we may revise a sentence authorized by statute 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. The defendant bears the burden of persuading this Court that his sentence is inappropriate. Childress v. State, 848 N.E.2d 1073, 1080 (Ind. 2006). Whether we regard a sentence as inappropriate turns on 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.” Cardwell v. State, 895 N.E.2d 1219, 1224 (Ind. 2008). Sentence modification under Rule 7(B) is reserved for a “rare and exceptional case.” Skeens v. State, 191 N.E.3d 916, 923 (Ind. Ct. App. 2022) (cleaned up).

[21] When determining whether a sentence is inappropriate, we acknowledge that the advisory sentence is the starting point the Legislature has selected as an appropriate sentence for the crime committed. Childress, 848 N.E.2d at 1081. Here, King pleaded guilty to Level 3 felony robbery, Level 4 felony escape, Level 6 felony resisting law enforcement, and Level 6 felony criminal recklessness. The sentencing range for a Level 3 felony is between three (3) and sixteen (16) years, and the advisory sentence is nine (9) years. I.C. § 35-50-2-5(b). In addition, the sentencing range for a Level 4 felony is between two (2) and twelve (12) years, and the advisory sentence is six (6) years. I.C. § 35-50-2-5.5. Lastly, the sentencing range for a Level 6 felony is between six (6) months and two and one-half (21/212) years, and the advisory sentence is one (1) year. I.C. § 35-50-2-7(b).

[22] The trial court sentenced King to fifteen (15) years for the Level 3 felony robbery conviction, eleven (11) years for the Level 4 felony escape conviction, two (2) years for the Level 6 felony resisting law enforcement conviction, and two (2) years for the Level 6 felony criminal recklessness conviction. Further, the trial court ordered the sentences for the Level 4 felony escape conviction, the Level 6 felony resisting law enforcement conviction, and the Level 6 felony criminal recklessness conviction to run concurrently with each other. In addition, the trial court ordered the sentence for those convictions to run consecutively to the sentence for the Level 3 felony robbery conviction. This twenty-six (26) year aggregate sentence is less than the maximum sentence.

[23] With regard to the nature of the offenses, we note that after cutting off his ankle monitor, using methamphetamine, and driving away from his home in his truck, King refused Trooper Beaver's orders to exit his truck. When King fled from the scene, Trooper Beaver pursued him. During the pursuit, King endangered himself, Trooper Beaver, and the public, when he reached speeds of seventy miles per hour and drove left of the center line on country roads.

[24] When King apparently ran out of gas, he pulled into a gravel driveway, and Trooper Beaver pulled in behind him. King, who was armed with a knife, exited his truck and walked quickly towards Trooper Beaver. Trooper Beaver backed up as he pointed a rifle at King and told him to stop. King, however, got into the ISP vehicle, and, as he drove away from the scene, hit the MCSD vehicle that was blocking the road.

[25] The sheriff's department deputy and Trooper Beaver pursued King. During this pursuit, King reached speeds of ninety to one hundred miles per hour on a narrow country road, again endangering himself, the law enforcement officers, and other drivers on the roads. King subsequently lost control of the ISP vehicle and drove into a bean field. He then fled from the damaged ISP vehicle on foot and spent the night in the woods. A Greene County Sheriff's Department deputy apprehended him the following morning.

[26] This incident caused Trooper Beaver to suffer mental distress. In addition, as a result of this incident, Trooper Beaver requested a desk job, requiring his family to relocate to a different city.

[27] With regard to his character, we note that King has an extensive multi-county criminal history that spans more than twenty years. Specifically, King has twelve prior felony convictions and nine prior misdemeanor convictions. In addition, he was serving a community corrections sentence when he cut off his ankle monitor, used methamphetamine, and committed the multiple offenses in this case. King also has a prior history of multiple probation violations. King's former contacts with the law have not caused him to reform himself. See Jenkins v. State, 909 N.E.2d 1080, 1086 (Ind. Ct. App. 2009), trans. denied.

[28] Based on the nature of the offenses and his character, King has failed to persuade this Court that his twenty-six-year aggregate sentence is inappropriate. We further note that this is simply not one of those rare and exceptional cases for which a sentence modification under Rule 7(B) is reserved. Therefore, we affirm King's sentence.

[29] Affirmed.

FOOTNOTES

1.   Ind. Code § 35-42-5-1.

2.   I.C. § 35-44.1-3-4.

3.   I.C. § 35-44.1-3-1.

4.   I.C. § 35-42-2-2.

Pyle, Judge.

Bradford, J., and Kenworthy, J., concur.