ILNews

Court: amended charges not allowed

Jennifer Nelson
January 1, 2008
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The Indiana Court of Appeals reinstated one conviction and reversed two others for a man charged with resisting law enforcement, auto theft, and battery.

At issue in Donyea Fowler v. State of Indiana, No. 71A05-0704-CR-200, is whether the trial court properly reversed Fowler's conviction of resisting law enforcement. Fowler also appealed his convictions of auto theft and battery, arguing the charges were added after the time allowed by Indiana statutes.

Police officers from several departments showed up to the home where Fowler lived with his mother in South Bend. Police spoke first with Fowler's mother and told them they were there to arrest Fowler on a felony warrant. When Fowler entered the room and provided a false name to police, Fowler's mother told him to go into a bedroom and ignore the police officers.

Fowler ran into a back bedroom and tried to leave through a window, but a police officer was waiting outside. Fowler jumped back into the room and slammed the window down on the police officer's arm.

Fowler escaped through another bedroom window, stole a vehicle, and was later arrested for resisting law enforcement as a Class D felony. The trial court never set an omnibus date at the initial hearing in May 2005.

The state filed a motion nearly a year later to amend the original charging information to include battery and auto theft, both Class D felonies. Fowler objected, but the trial court amended the charging information and set an omnibus date for Nov. 16, 2006, more than a year after he was originally arrested for resisting law enforcement.

A jury convicted Fowler on all three counts, but the trial court granted Fowler's motion for judgment on the evidence and reversed his conviction for resisting law enforcement.

The appellate court reversed Fowler's convictions of auto theft and battery, finding the amended charges were not filed within the timeframe required by Indiana statute. Omnibus dates must be set by the judicial officer at the initial hearing between 45 and 75 days after the initial hearing. Indiana Code at the time of Fowler's arrest stated that amended matters of substance may be added up to 30 days before the omnibus date.

Fowler's omnibus date should have been held sometime between early July and mid-August 2005, according to Indiana statute, and amended charges had to be filed 30 days prior to that. Since the trial court erred in permitting the amendments, Fowler's convictions for auto theft and battery are reversed, Judge Carr Darden wrote.

The state appealed the trial court's reversal of Fowler's conviction of resisting law enforcement. The trial court stated it granted the motion because no evidence was presented to demonstrate the officers ordered Fowler to stop, however, the appellate court found sufficient evidence to uphold the conviction. To be charged with resisting law enforcement, a person has to "knowingly or intentionally flee from a law enforcement officer after the officer has ... identified himself or herself and ordered the person to stop," but that order does not have to be an audible order of stop, wrote Judge Darden.

The order to stop can be given through visual indicators, which happened in this case. The law enforcement officers were easily identified as such and were there to arrest Fowler. After he went into the back bedroom, several officers ordered him to come back. In addition, once Fowler tried to leave through the bedroom window, he slammed the window down on a police officer's arm to get away.

Because of this evidence, the appellate court determined the lower court had erred in granting Fowler's motion for judgment on the evidence, and his conviction of resisting law enforcement is reinstated.
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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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