Dissent: ‘No evidence’ tying convicted man to crime scene

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While a majority of the Indiana Court of Appeals affirmed an Indianapolis man’s trespassing conviction, another judge warned in dissent that the ruling went against the tenet of proof beyond a reasonable doubt.

“We are not in the business of horseshoes and hand grenades, where ‘close’ is good enough,” Judge Michael Barnes wrote in arguing evidence was insufficient for conviction in Drakkar R. Willis v. State of Indiana, 49A02-1310-CR-854. “I am convinced the State has failed in its burden of proof and vote to reverse.”

Drakkar Willis was convicted of Class A misdemeanor criminal trespass after police arrested him in response to a security alarm that sounded at Watkins Family Recreation Center. An officer saw a black male suspect running from the business about 100 yards away, and another officer later arrested Willis.

In affirming the conviction, the panel majority judges, Terry Crone and John Baker, cited Meehan v. State, 7 N.E.3d 255 (Ind. 2014), in which DNA on a glove found at a crime scene was deemed sufficient to support a burglary conviction. The majority found physical location near a crime scene was of greater probative value than DNA on an item found at a crime scene.  

“Before Meehan, we would have agreed with our dissenting colleague and reversed Willis’s conviction for insufficient evidence. But ‘we are bound to follow the precedent of our supreme court,” Crone wrote for the majority.

In reviewing the sufficiency standard in Meehan, “we conclude that a reasonable factfinder could infer that Willis was inside the Center and knowingly or intentionally interfered with the possession or use of its property without the owner’s consent. Willis’s argument to the contrary is merely a request to reweigh the evidence, which we may not do.”

Barnes rejected the majority’s interpretation of Meehan. “I do not believe that case demands or commands that the basic and longstanding tenets of the definition of ‘proof beyond a reasonable doubt’ be altered. Others may disagree.”

“A bit of review is in order. An alarm sounds, police are dispatched. While nearing the building from which the alarm emanated, an officer sees a black man running in a direction away from the building, approximately 100 yards in the distance. This man was Willis, and he was convicted of trespass. There is no evidence tying Willis to the scene.

“… The entirety of the evidence upon which Willis was convicted was the fact that he was seen running at a distance of approximately 100 yards. I am not convinced that this evidence can be construed as Willis’s fleeing from the scene of the crime. Even though we are bound to give the State a reasonable inference here, it is well-settled Indiana law that flight from a crime scene, in and of itself, is not sufficient to sustain a conviction.”



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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.