Jon Thomas Lindsey, Appellant-Defendant v. State of Indiana, Appellee-Plaintiff (2026)

MEMORANDUM DECISION

Case Summary

[1] Jon Thomas Lindsey appeals his convictions for Class A misdemeanors domestic battery and intimidation, alleging the evidence was insufficient to support each conviction. We affirm.

Facts and Procedural History

[2] In 2025, Lindsey and Mariah Jackson were in a short-term romantic relationship. The pair moved into an apartment together for a few months. Jackson broke off the relationship but allowed Lindsey to stay while he arranged to move out.

[3] On September 6, the pair were still living together. Jackson lay down for bed on an air mattress. Lindsey lay down on top of her. Jackson made it clear to Lindsey that she did not want to be bothered: she told him, “Stop, move, get off of me, all the above.” Tr. Vol. II p. 20. Lindsey initially stopped, but then he lay on top of her again about thirty minutes later. Jackson resisted again and, eventually, rolled onto the floor. But Lindsey followed, lying on top of her again on the floor. Ultimately, Jackson shoved Lindsey off her.

[4] Lindsey was being “playful” at first. Id. at 24. But, as Jackson repeatedly declined his advances, Lindsey became upset. A “heated argument” ensued. Id. at 21. Lindsey followed Jackson around the apartment and “cornered” her. Id. at 30. While Lindsey was within an arm's reach of Jackson, he “flinched” at her, tensing his muscles in an intimidating manner. Id. at 22. Jackson later explained that she perceived Lindsey's actions as a threat because of her past experiences, specifically because “the next step could be ․ put[ting] your hands on me[.]” Id. at 40. As Jackson exited the apartment, Lindsey slammed the door on Jackson's foot.

[5] Outside of the apartment, Jackson called 9-1-1, and a police officer responded. The officer described Jackson as “fearful and embarrassed.” Id. at 45. Jackson told the officer about the incident and reported that her foot was hurting. The officer advised Jackson to “follow up with the prosecution” to pursue charges against Lindsey. Id. at 50. Jackson did so, and the State charged Lindsey with Class A misdemeanors domestic battery, intimidation, and battery resulting in bodily injury.

[6] Following a bench trial, the court found Lindsey guilty of domestic battery and intimidation. Because the parties stipulated that Jackson believed it was an accident when Lindsey slammed the door on her foot, the court found Lindsey not guilty of battery resulting in bodily injury. The court imposed concurrent 365-day sentences, with 132 days of credit and 233 days suspended, for each conviction. Lindsey now appeals.

Discussion and Decision

[7] Lindsey challenges whether the State presented sufficient evidence to prove he committed domestic battery and intimidation. Our standard of review is well settled:

For sufficiency of the evidence challenges, we consider only probative evidence and reasonable inferences that support the judgment of the trier of fact. On sufficiency challenges, we will neither reweigh evidence nor judge witness credibility. We will affirm the conviction unless no reasonable fact-finder could find the elements of the crime proven beyond a reasonable doubt.

Hall v. State, 177 N.E.3d 1183, 1191 (Ind. 2021) (citations omitted).

I. Domestic Battery

[8] To convict Lindsey of domestic battery as charged, the State was required to prove beyond a reasonable doubt that Lindsey knowingly or intentionally touched Jackson, a household member, in a “rude, insolent, or angry manner[.]” Ind. Code § 35-42-2-1.3(a)(1) (2021). Here, it is undisputed that Lindsey lay on top of Jackson multiple times, that Lindsey was initially being playful, and that Jackson did not feel like playing. Appellant's Br. p. 9. Still, Lindsey contends the touching was not rude, insolent, or angry and argues that because the pair were once in a romantic relationship, his actions are excepted from the definition of “rude.” Id. at 12. He also insists that Jackson did not believe the touching was a battery until after she spoke with police. Lindsey's arguments amount to a request to reweigh the evidence, which we will not do.

[9] The record is clear that Lindsey repeatedly lay on top of Jackson despite her resistance. Jackson told Lindsey to stop and declined his advances, but he continued multiple times. Eventually, Jackson rolled onto the floor to get away from him, but Lindsey again lay on top of her. Lindsey's demeanor shifted from playful to upset, and Jackson ultimately had to shove Lindsey off her. This evidence is sufficient for the court to conclude that Lindsey knowingly or intentionally touched Jackson in a rude, insolent, or angry manner.

II. Intimidation

[10] To convict Lindsey of intimidation as charged, the State was required to prove beyond a reasonable doubt that Lindsey communicated a threat against Jackson with the intent of placing her in fear that he would carry out the threat—that is, that he would “unlawfully touch” Jackson. App. Vol. II p. 25; see Ind. Code § 35-45-2-1(a)(4) (2022). Relevant here, a “threat” means

an expression, by words or action, of an intention to:

(1) unlawfully injure the person threatened or another person, or damage property;

(2) unlawfully subject a person to physical confinement or restraint; [or]

(3) commit a crime[.]

Id. § 35-45-2-1(c)(1)-(3).

[11] Lindsey contends that “flinching” was not enough to establish a threat and notes that he described his actions “as a shrug.” Appellant's Br. p. 15. Again, we decline Lindsey's invitation to reweigh the evidence and his testimony.

[12] The evidence shows that Lindsey continuously pursued Jackson, repeatedly lying on top of her despite her efforts to decline his advances. After Jackson shoved Lindsey off her, a heated argument ensued. Lindsey followed Jackson around the apartment and cornered her. Then, while he was within touching distance of her, he tensed his muscles and flinched at her. Lindsey was “angry” at that point, and Jackson felt “intimidated.” Tr. Vol. II pp. 25, 24. Jackson later explained that she felt threatened because the next step could be Lindsey putting his hands on her. Given all this, the court could find that Lindsey communicated a threat when he flinched at Jackson and that she feared he would carry out that threat.

Conclusion

[13] The evidence was sufficient to support Lindsey's convictions for Class A misdemeanors domestic battery and intimidation. We affirm.

[14] Affirmed.

Scheele, Judge.

May, J., and Pyle, J., concur.