ILNews

Court: amended charges not allowed

Jennifer Nelson
January 1, 2008
Keywords
Back to TopCommentsE-mailPrintBookmark and Share
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.
ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

ADVERTISEMENT