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Court reverses felony convictions stemming from domestic incident

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The state didn’t provide sufficient evidence to support convictions of Class D felony strangulation and domestic battery, the Indiana Court of Appeals held Tuesday. The court did order the domestic battery conviction entered as a Class A misdemeanor.

Blanca Medrano took her infant child with her across the street from the apartment she shared with James Young and their two children. She was crying and had minor injuries, so firefighters asked her what was wrong. She told them that her husband had beaten her about 15 minutes ago and left with their other child. The firefighters called police, and an hour later, Elkhart City Police Corporal Laurie Stuff arrived. She interviewed Medrano, who at that point was no longer crying and seemed antsy to leave.

Stuff also saw bruising and redness on Medrano’s neck and saw the bandage put on her hand by the firefighters. Young arrived shortly after Stuff. Stuff spoke to him and Young said he and Medrano had gotten into a verbal argument. He was arrested and charged with Class D felony strangulation, based on what Medrano told Stuff; and Class D felony domestic battery, elevated from a misdemeanor because children were believed to be present.

Young was convicted of both counts. Medrano did not testify and could not be found for the trial, so the firefighters and Stuff testified regarding Medrano’s prior statements.

Young argues that even though Medrano’s statements to the firefighters were excited utterances, in this case, her statements violate his constitutional rights under the Sixth Amendment.

“…we hold that the primary purpose of the firefighters’ questioning of Medrano was to enable public, government assistance to Medrano in an ongoing emergency rather than to prove past events potentially relevant to future criminal prosecution. Therefore, the admission of Medrano’s statements to the firefighters did not violate Young’s confrontation rights under the Sixth Amendment of the U.S. Constitution,” Judge Paul Mathias wrote in James O. Young v. State of Indiana, 20A04-1112-CR-699.

The judges found that Medrano’s statements to Stuff were not an excited utterance as it had been nearly an hour before Stuff spoke to Medrano after the alleged battery, she was antsy to leave, and had stopped crying at some point. Stuff’s testimony that Medrano said Young had strangled her was the only evidence to support Young’s conviction. The judges reversed but found he could be subject to retrial on the charge.

There also isn’t sufficient evidence to show that the battery happened in front of the children, the judges found, so they ordered Young’s Class D felony domestic battery conviction reduced to a Class A misdemeanor.

 

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  1. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  2. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  3. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

  4. I'm going to court the beginning of Oct. 2015 to establish visitation and request my daughters visits while she is in jail. I raised my grandchild for the first two and half years. She was born out of wedlock and the father and his adopted mother wantwd her aborted, they went as far as sueing my daughter for abortion money back 5mo. After my grandchild was born. Now because of depression and drug abuse my daughter lost custody 2 and a half years ago. Everyting went wrong in court when i went for custody my lawyer was thrown out and a replacment could only stay 45 min. The judge would not allow a postponement. So the father won. Now he is aleinating me and my daughter. No matter the amount of time spent getting help for my daughter and her doing better he runs her in the ground to the point of suicide because he wants her to be in a relationship with him. It is a sick game of using my grandchild as a pawn to make my daughter suffer for not wanting to be with him. I became the intervener in the case when my daughter first got into trouble. Because of this they gave me her visitation. Im hoping to get it again there is questions of abuse on his part and I want to make sure my grandchild is doing alright. I really dont understand how the parents have rights to walk in and do whatever they want when the refuse to stand up and raise the child at first . Why should it take two and a half years to decide you want to raise your child.The father used me so he could finish college get a job and stop paying support by getting custody. Support he was paying my daughter that I never saw.

  5. Pence said when he ordered the investigation that Indiana residents should be troubled by the allegations after the video went viral. Planned Parenthood has asked the government s top health scientists at the National Institutes of Health to convene a panel of independent experts to study the issues surrounding the little-known branch of medicine.

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