ILNews

Evidence shows stabbing by inmate wasn’t in self defense

Back to TopCommentsE-mailPrintBookmark and Share

A Bartholomew County jail inmate had his conviction and sentence for Class B felony aggravated battery upheld Friday by the Indiana Court of Appeals. The judges ruled the evidence disputes his claim that a fight he got into with a fellow inmate was in self defense.

According to the opinion, Matthew Bryant challenged fellow inmate Roosevelt Crowdus to a fight because Bryant believed Crowdus was eating too loudly. The two went to Bryant’s cell where he threw the first punch, but missed. The two began fighting and at one point, Crowdus offered a truce, but Bryant refused. He then grabbed a pencil and stabbed Crowdus in the left ear, causing permanent hearing loss.

The state charged Bryant with Class B felony aggravated battery and claimed he was a habitual offender. He was found guilty as charged by a jury and sentenced to 50 years.

Bryant raised several issues on appeal in Matthew Bryant v. State of Indiana, 03A04-1205-CR-283, including that he was deprived his right to a speedy trial and the trial court abused its discretion in admitting certain evidence.

Bryant filed a motion for a speedy trial and was released two months later on his own recognizance while the trial was pending. He went back to jail because of other pending charges in an unrelated case. His trial for the battery charge occurred beyond the 70-day period that began running on Oct. 26, 2011.

Citing Cundiff v. State, 967 N.E.2d 1026, 1027 (Ind. 2012), the appellate judges found that the trial court didn’t violate Criminal Rule 4(B) as Bryant was released on his own recognizance in this case within 70 days of requesting a speedy trial.

The COA ruled the admission of Detective Christopher Roberts’ account of what Crowdus told him at the hospital about the incident is inadmissible hearsay, but the admission of this was harmless error. The judges also ruled that a recording of Bryant’s telephone call he placed while in jail to a friend was not inadmissible hearsay and the recording was not unfairly prejudicial.

There was sufficient evidence to support the aggravated battery conviction to rebut Bryant’s claim of self defense. Bryant challenged Crowdus to fight in his cell, he threw the first punch and he stabbed Crowdus with the pencil after Crowdus offered to stop fighting. The judges also declined to revise his sentence.  

 

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. File under the Sociology of Hoosier Discipline ... “We will be answering the complaint in due course and defending against the commission’s allegations,” said Indianapolis attorney Don Lundberg, who’s representing Hudson in her disciplinary case. FOR THOSE WHO DO NOT KNOW ... Lundberg ran the statist attorney disciplinary machinery in Indy for decades, and is now the "go to guy" for those who can afford him .... the ultimate insider for the well-to-do and/or connected who find themselves in the crosshairs. It would appear that this former prosecutor knows how the game is played in Circle City ... and is sacrificing accordingly. See more on that here ... http://www.theindianalawyer.com/supreme-court-reprimands-attorney-for-falsifying-hours-worked/PARAMS/article/43757 Legal sociologists could have a field day here ... I wonder why such things are never studied? Is a sacrifice to the well connected former regulators a de facto bribe? Such questions, if probed, could bring about a more just world, a more equal playing field, less Stalinist governance. All of the things that our preambles tell us to value could be advanced if only sunshine reached into such dark worlds. As a great jurist once wrote: "Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman." Other People's Money—and How Bankers Use It (1914). Ah, but I am certifiable, according to the Indiana authorities, according to the ISC it can be read, for believing such trite things and for advancing such unwanted thoughts. As a great albeit fictional and broken resistance leaders once wrote: "I am the dead." Winston Smith Let us all be dead to the idea of maintaining a patently unjust legal order.

  2. The Department of Education still has over $100 million of ITT Education Services money in the form of $100+ million Letters of Credit. That money was supposed to be used by The DOE to help students. The DOE did nothing to help students. The DOE essentially stole the money from ITT Tech and still has the money. The trustee should be going after the DOE to get the money back for people who are owed that money, including shareholders.

  3. Do you know who the sponsor of the last-minute amendment was?

  4. Law firms of over 50 don't deliver good value, thats what this survey really tells you. Anybody that has seen what they bill for compared to what they deliver knows that already, however.

  5. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

ADVERTISEMENT