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Hot dog vendor who stabbed man in head loses appeal

September 30, 2016

A hot dog vendor who stabbed a dissatisfied patron in the head lost the appeal of his attempted murder conviction Friday.

Robert Kadrovach and another man were selling hot dogs near a downtown Indianapolis bar late at night on June 21, 2014, when Ohnjay Walker and some friends left the bar to buy some franks. Kadrovach’s assistant spilled some jalapeno peppers on some of Walker’s friends, the record says, at which point two men asked for refunds, and a scuffle ensued.

Walker turned to walk away after friends noticed Kardovach had a knife, but he stabbed Walker in the head. He was taken to a nearby hospital for a delicate craniotomy to remove the knife without fatal blood loss.

Kadrovach was convicted of Class A felony attempted murder and Class B felony aggravated battery, and the court merged the lesser-included battery conviction. On appeal, Kadrovach argued that the instructions given to the jury were misleading and could convey that the jury needed only to find that he acted “knowingly” to convict him of attempted murder.

Judge Terry Crone wrote for the panel that the instructions provided to the jury specifically admonished the jury that in order to convict Kadrovach of attempted murder, jurors would have to find that he acted with the specific intent to kill Walker.

“Given that Instruction 8 specifically emphasized the intent to kill requirement, we believe that the instructions as a whole were sufficient to indicate that ‘intent to kill’ was required in order to convict Kadrovach of attempted murder.  As a result, we do not believe that the jury was misled by the challenged jury instructions,” Crone wrote.

The case is Robert Kadrovach v. State of Indiana, 49A02-1510-CR-1738.
 

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