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Appellate court upholds criminal recklessness conviction

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The Indiana Court of Appeals determined there was sufficient evidence to uphold a man’s conviction of criminal recklessness regarding his firing of a gun.

In Kevin Hobson v. State of Indiana, No. 36A01-1103-CR-144, Kevin Hobson argued there was insufficient evidence to prove he was the person who shot at Andrew Kern’s Chevy Blazer after Kern stopped the car near Hobson’s home and a former business known as the Pit Stop because passenger Tanner Pruett said he felt sick. While the two men were out of the car, they saw a man approach holding a handgun and saw the man shoot into the air. Two bullets hit the car as they drove away.

Hobson had called police to report a suspicious vehicle that he identified as a Chevy Blazer. He said when he approached the car, the driver drove away and he fired two shots into the air. Police believed that Kern’s Blazer was the one Hobson shot.

He was convicted of Class D felony criminal recklessness, but Hobson argued that Ferrell v. State, 656 N.E.2d 839 (Ind. Ct. App. 1995), supports his argument that there wasn’t enough evidence to prove he was the one who shot Kern’s Blazer. The COA found Ferrell – a case in which the defendant was one of many people to fire gunshots at a house, but was unable to be identified by the victim – to be distinguishable.

“Hobson admitted to firing several shots as a Blazer drove away from the Pit Stop, and Kern’s Blazer was struck by several bullets. This is sufficient evidence to establish that Hobson fired the shots, and Ferrell is not controlling,” wrote Senior Judge John Sharpnack.
 

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  1. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

  2. And so the therapeutic state is weaonized. How soon until those with ideologies opposing the elite are disarmed in the name of mental health? If it can start anywhere it can start in the hoosiers' slavishly politically correct capital city.

  3. So this firebrand GOP Gov was set free by a "unanimous Supreme Court" , a court which is divided, even bitterly, on every culture war issue. WHAT A RESOUNDING SLAP in the Virginia Court's face! How bad must it have been. And all the journalists, lap dogs of the status quo they are, can do is howl that others cannot be railroaded like McDonald now??? Cannot reflect upon the ruining of Winston and Julia's life and love? (Oh I forget, the fiction at this Ministry of Truth is that courts can never err, and when they do, and do greatly, as here, why then it must be ignored, since it does not compute.)

  4. My daughter is a addict and my grandson was taken by DCS and while in hospital for overdose my daughter was told to sign papers from DCS giving up her parental rights of my grandson to the biological father's mom and step-dad. These people are not the best to care for him and I was never called or even given the chance to take him, but my daughter had given me guardianship but we never went to court to finalize the papers. Please I have lost my daughter and I dont want to lose my grandson as well. I hope and look forward to speaking with you God Bless and Thank You for all of your help

  5. To Bob- Goooooood, I'm glad you feel that way! He's alive and happy and thriving and out and I'm his woman and we live in West Palm Beach Florida, where his parents have a sprawling estate on an exclusive golf course......scum bag

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