HENDERSON v. STATE (2026)

MEMORANDUM DECISION

[1] Kelly E. Henderson claims that the evidence is insufficient to sustain his convictions for criminal confinement as a level 6 felony and domestic battery as a class A misdemeanor. We affirm.

Facts and Procedural History

[2] At about 5:30 p.m. on April 30, 2025, Henderson went to M.Z.’s residence. M.Z. and her neighbor were at the residence. M.Z. and Henderson had dated “[o]n and off.” Transcript Volume II at 26. Henderson and M.Z. each consumed “six or eight” beers. Id. at 29. M.Z.’s neighbor left at approximately 9:45 or 10:00 p.m. M.Z. and Henderson argued, and she told him that she wanted him to leave. M.Z. went to the bathroom, and Henderson followed her, stood in the doorway, and would not allow her to exit the bathroom. M.Z. told him to “[m]ove” and “let [her] out.” Id. at 32. Henderson grabbed M.Z.’s wrists and stood in the doorway to prevent her from leaving. She tried to “get pass [sic] him.” Id. at 33. When he released her wrists, M.Z. hit him in the face with her hand because she “had no where to go.” Id. at 149. M.Z. went to her bedroom and began to pack clothes to leave. Henderson “grabbed [her] again by the wrist and threw [h]er on the bed,” and she landed on her side. Id. at 34. She tried “to get up,” but Henderson “had [her] wrist” and held her down. Id. She yelled at Henderson and told him to let her go. Henderson released M.Z., she grabbed her clothes and went to the living room to leave, and Henderson blocked the front doorway. M.Z. told him, “I just want to leave,” “move,” and “let me out.” Id. at 36-37. M.Z. retrieved a firearm which she had hidden in a fake book. She did not “chamber a round,” but pointed the firearm at Henderson, and he moved from the doorway. Id. at 37. M.Z. exited and left in her car and started to drive to a friend's house, but turned around and went back home. When M.Z. returned to her residence, Henderson was gone, she could not locate her work or personal cell phones, and she used a tablet to call her friend, D.D. During the call, M.Z. was “bawling,” “[c]rying,” “talking loudly,” “saying she was scared,” and “sounding terrified.” Id. at 38, 87. D.D. called 911. Bartholomew County Sheriff's Deputy Connor Martin arrived at M.Z.’s residence and observed that M.Z. was “very shaken up,” “her hands were really shaking a lot,” and “her eyes were red ․ it looked like she had just got done crying.” Id. at 52-53. Deputy Martin took photographs of M.Z. and the bruising she sustained.

[3] The State charged Henderson with Count I, criminal confinement as a level 6 felony, and Count II, domestic battery as a class A misdemeanor. The court held a jury trial. When asked about any injuries from Henderson's actions, M.Z. testified, “I had bruising on my [ ] side and on my butt” and “I believe it was from being tossed on the bed,” and, when asked if she “hit something when [she was] tossed on the bed,” she replied, “[t]he footboard.” Id. at 39. The court admitted photographs. Deputy Martin testified, “in the photo ․ it almost looks like a thumb print to me ․ I was trying to capture that in the photo there.” Id. at 55.

[4] Henderson testified that, on the day in question after M.Z.’s neighbor left, he took a shower. He stated that he asked M.Z. for a towel, she brought him one, he “was getting ready to bend down and give her a kiss, and that is when she hit [him] in the face.” Id. at 108. He testified, “I was just trying to protect my face, after she hit me. I was ․ walking back trying to get away from her, she kept on hitting me and right at that doorway was her bed and she just kept coming, and we both fell down in the bed.” Id. He stated, “I asked her, do you want me to leave, I said do you want me to stay here,” “[s]he said I don't think it is a good idea for you to stay here,” and “[s]o I said okay, let me get up and get my things.” Id. at 109. He testified, “when I was gathering my things she went over to the corner ․ and grabbed the gun, pulled the trigger and cocked it and pointed it at me.” Id. at 110. He indicated that he was in fear for his life. He indicated that she dropped the gun and “took off out of there” and that he left and returned to his residence. Id. at 112. He indicated that he did not confine M.Z. in the bathroom or anywhere else in the residence, hold her on the bed, or prevent her free movement in any way. When asked, “the first time she asked you to leave was when she pulled the gun,” he answered, “[y]es.” Id. at 123.

[5] M.Z. testified, in rebuttal, that she told Henderson to leave “over and over again.” Id. at 148. She testified Henderson did not take a shower at her residence that night. She stated Henderson's claims that she ended up on the bed because she was trying to hit him and that he was gathering his things when she pointed a gun at him were untrue, he was blocking the front doorway when she retrieved the gun, and she felt like she did not have any other choice. She indicated there was no bullet in the chamber and that she did not cock the gun.

[6] The jury found Henderson guilty as charged. The court sentenced Henderson to concurrent terms of two years with one year suspended to probation under Count I and one year suspended to probation under Count II.

Discussion

[7] Henderson contends the evidence is insufficient to sustain his convictions. He asserts that he “agrees they argued, but that he was the victim not [M.Z.],” “[s]he hit him first – and kept hitting him,” and “[w]hen he tried to gather his things and leave, she pointed a gun at him and acted like she was going to shoot him.” Appellant's Brief at 11. He argues M.Z. “admitted she drew a gun, and the physical evidence (photographs) revealed injuries to both parties” and “[t]his was an argument that got out of hand, but not because [he] intended it to.” Id. at 12. He asserts, “the parties told different stories and there was no independent evidence that bolstered either one.” Id.

[8] When reviewing claims of insufficiency of the evidence, we do not reweigh the evidence or judge the credibility of witnesses. Jordan v. State, 656 N.E.2d 816, 817 (Ind. 1995), reh'g denied. We look to the evidence and the reasonable inferences therefrom that support the verdict. Id. The conviction will be affirmed if there exists evidence of probative value from which a reasonable jury could find the defendant guilty beyond a reasonable doubt. Id. The uncorroborated testimony of one witness, even if it is the victim, is sufficient to sustain a conviction. Ferrell v. State, 565 N.E.2d 1070, 1072-1073 (Ind. 1991).

A. Criminal Confinement

[9] Ind. Code § 35-42-3-3(a) provides that a person who knowingly or intentionally confines another person without the other person's consent commits criminal confinement as a level 6 felony. “As used in this chapter, ‘confine’ means to substantially interfere with the liberty of a person.” Ind. Code § 35-42-3-1. A person engages in conduct “intentionally” if, when he engages in the conduct, it is his conscious objective to do so, and a person engages in conduct “knowingly” if, when he engages in the conduct, he is aware of a high probability that he is doing so. Ind. Code § 35-41-2-2.

[10] The evidence most favorable to the conviction reveals that Henderson stood in the doorway to the bathroom to prevent M.Z. from leaving the bathroom. After Henderson threw her on the bed, M.Z. tried to get up, but he held her on the bed. When M.Z. attempted to exit through the front door, Henderson blocked the doorway until M.Z. retrieved her firearm. While Henderson claimed that he did not prevent M.Z.’s free movement and that the first time she asked him to leave was when she pulled the gun, M.Z. testified otherwise and was unequivocal that she did not consent to his actions. M.Z. and Henderson testified at length and were thoroughly cross-examined regarding their actions and recollections. We will not reweigh the evidence or judge the credibility of witnesses. Jordan, 656 N.E.2d at 817. We conclude that sufficient evidence exists from which the jury as the trier of fact could find Henderson guilty beyond a reasonable doubt of criminal confinement as a level 6 felony.

B. Domestic Battery

[11] Ind. Code § 35-42-2-1.3(a) provides that a person who knowingly or intentionally touches a family or household member in a rude, insolent, or angry manner commits domestic battery as a class A misdemeanor. M.Z. testified that Henderson grabbed her wrists in the bathroom. In the bedroom, he grabbed her again by the wrist and threw her on the bed. M.Z. fell on her side, struck the footboard, and sustained several bruises. The court admitted the photographs taken by Deputy Martin. We conclude that sufficient evidence exists from which the jury could find Henderson guilty of domestic battery as a class A misdemeanor.

[12] For the foregoing reasons, we affirm Henderson's convictions.

[13] Affirmed.

Brown, Judge.

Bailey, J., and Weissmann, J., concur