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COA affirms angry ex-boyfriend’s battery convictions

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A northern Indiana man, angry that his ex-girlfriend was in a new relationship, had his convictions of battery by means of a deadly weapon upheld by the Indiana Court of Appeals. The convictions stemmed from his ramming of the new boyfriend’s car with his.

Jennifer Kaminski’s new boyfriend, Andrew Bolinger, followed her home from his house in his friend Anthony Badzinski’s car. Bolinger was concerned for Kaminski’s safety because Michael Bowser was not happy his ex-girlfriend was seeing Bolinger. She stopped in a business’s driveway after seeing Bowser’s car, and he approached her car and was angry. He pulled away in his car after seeing Bolinger and Badzinski drive up.

But Bowser turned his car around and sped down the road, leaving his lane and hitting Badzinski’s parked car, seriously injuring the two.

He was charged with eight counts and convicted of all charges, but the court only entered judgment on two Class C felony convictions of battery by a deadly weapon.

In Michael Bowser v. State of Indiana, 71A03-1208-CR-361, Michael Bowser appealed his convictions, arguing the trial court should have granted his motion to sever the battery charges from the criminal recklessness charges. Bowser wasn’t entitled to severance as a matter of right based on the statute, but a court does have discretion in granting severance in certain cases, including complexity of the evidence to be offered.

“Here, there were a number of charged offenses but the evidence was not complex, consisting of testimony from five witnesses and twenty-one exhibits, primarily photographs,” Senior Judge Betty Barteau wrote. Also, “it is reasonable to conclude that the jury was able to distinguish the evidence and apply the law intelligently because the charged offenses differed only in levels of mental culpability, whether a deadly weapon was used, and the level of harm inflicted upon the victims.”

The evidence also supports that Bowser knowingly or intentionally battered the two men. The court rejected his argument that the collision was an accident.
 

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  1. by the time anybody gets to such files they will probably have been totally vacuumed anyways. they're pros at this at universities. anything to protect their incomes. Still, a laudable attempt. Let's go for throat though: how about the idea of unionizing football college football players so they can get a fair shake for their work? then if one of the players is a pain in the neck cut them loose instead of protecting them. if that kills the big programs, great, what do they have to do with learning anyways? nada. just another way for universities to rake in the billions even as they skate from paying taxes with their bogus "nonprofit" status.

  2. Um the affidavit from the lawyer is admissible, competent evidence of reasonableness itself. And anybody who had done law work in small claims court would not have blinked at that modest fee. Where do judges come up with this stuff? Somebody is showing a lack of experience and it wasn't the lawyers

  3. My children were taken away a year ago due to drugs, and u struggled to get things on track, and now that I have been passing drug screens for almost 6 months now and not missing visits they have already filed to take my rights away. I need help.....I can't loose my babies. Plz feel free to call if u can help. Sarah at 765-865-7589

  4. Females now rule over every appellate court in Indiana, and from the federal southern district, as well as at the head of many judicial agencies. Give me a break, ladies! Can we men organize guy-only clubs to tell our sob stories about being too sexy for our shirts and not being picked for appellate court openings? Nope, that would be sexist! Ah modernity, such a ball of confusion. https://www.youtube.com/watch?v=QmRsWdK0PRI

  5. LOL thanks Jennifer, thanks to me for reading, but not reading closely enough! I thought about it after posting and realized such is just what was reported. My bad. NOW ... how about reporting who the attorneys were raking in the Purdue alum dollars?

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