Albright v. State, 22A-CR-811

Citation22A-CR-811
Case DateSeptember 23, 2022
CourtCourt of Appeals of Indiana

Billy Albright, Appellant-Defendant,
v.

State of Indiana, Appellee-Plaintiff

No. 22A-CR-811

Court of Appeals of Indiana

September 23, 2022


Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case.

Appeal from the Hendricks Superior Court The Honorable Stephenie LeMay-Luken, Judge Trial Court Cause No. 32D05-2008-F6-626

ATTORNEY FOR APPELLANT Audrey Lunsford Lunsford Legal, LLC Indianapolis, Indiana

ATTORNEYS FOR APPELLEE Theodore E. Rokita Attorney General Evan Matthew Comer Deputy Attorney General Indianapolis, Indiana

MEMORANDUM DECISION

CRONE, JUDGE.

1

Case Summary

[¶1] Billy Albright appeals the sentence imposed by the trial court following his guilty plea to level 6 felony domestic battery and level 6 felony pointing a firearm. He contends that his four-year sentence, with two years served in community corrections and two years suspended to probation, is inappropriate in light of the nature of the offenses and his character. Concluding that he has not met his burden to demonstrate that his sentence is inappropriate, we affirm.

Facts and Procedural History

[¶2] Albright and C.H. began a six-year romantic relationship in 2014. When the relationship began, C.H. already had two children, L.H. and I.H. Albright and C.H. subsequently had two sons together, B.A. and M.A. Throughout their relationship, Albright was verbally and physically abusive to C.H. and to the children. Eventually, in February 2020, C.H. took all of the children and moved out of Albright's house. Albright agreed to go to counseling, and, over the next few months, he attended three or four sessions with C.H. and participated in visits with his sons. However, his anger and erratic behavior toward C.H. continued to escalate, and by July 2020, Albright stopped attending counseling sessions. At some point in late July, Albright went to C.H.'s residence and asked her to move back in with him, but C.H. refused. Albright was extremely angry about not visiting with his sons, and he told C.H. that she had to "f**king agree to some kind of thing" or else "[t]his is going to end very badly" and that she would "regret it" if she continued "f**king with [him]." Tr. Vol. 2 at 34.

2

[¶3] On August 1, 2020, Albright went to C.H.'s residence and began banging on the door. C.H. was so scared of Albright that she screamed for L.H. to call 911. She grabbed B.A. and I.H. and went into the garage and got I.H. into the car. As C.H. was standing on the garage ramp that led back inside the residence, she heard footsteps and saw that Albright had gained unauthorized access into the home and was walking through the kitchen toward her. C.H., who was holding B.A. in her arms, told Albright that he needed to leave. He responded by pulling up his shirt and revealing a holstered gun at his side. He then told her, "You're going to give me my kids." Id. at 38. C.H. tried to back away from Albright and stated, "You need to leave now." Id. Albright pulled his gun from the holster and pointed it at C.H. Albright then charged at C.H., knocking her and B.A. to the ground and causing B.A. to strike his head on the car. Albright dropped to his knees, shoved B.A.'s hands away with his elbow, and placed the gun against the side of C.H.'s head.

[¶4] I.H. screamed from the car for Albright to get off her mother. Albright stood up and struck the car window with the gun before pointing it at I.H. He said, "Oh yeah, [I.H.], you little bitch, you want some too?" Id. at 40. C.H., who had now been freed, kicked on the garage door, hoping to alert anyone outside that she needed help. Albright walked over to C.H., who was holding B.A., and picked her up by her throat. He clenched both hands around her neck, causing her to be unable to breathe. C.H. let go of B.A., who slid to the ground down her body. Albright unclenched his hands from C.H.'s throat and tried to grab for B.A., but C.H. used her body to block him from reaching the little boy. C.H.

3

was able to get B.A. inside the car with I.H., and she crawled over the hood of the car so she could reach the garage door opener. When the garage door did not open, C.H. looked and saw that Albright was holding the button on the wall to prevent the door from opening. C.H. pulled the emergency lever on the garage door, pulled the door open, and ran outside screaming for help. Albright followed C.H. outside taunting her, "You better move bitch. I'll be back. I'll kill you. Get me thrown in jail. I'll kill you." Id. at 42. Albright got in his truck and threatened C.H. that she "better move" before driving away. Id. After police arrived on the scene, C.H. was transported to the hospital for injuries to her neck, arm, legs, and chest. B.A. sustained a bruise to his head due to falling on the car.

[¶5] The State subsequently charged Albright with level 6 felony domestic battery, level 6 felony strangulation, level 6 felony intimidation, and level 6 felony pointing a firearm. The trial court also issued a no-contact order barring Albright from having contact with C.H., L.H., I.H., B.A., and M.A. Despite the order, Albright continued to communicate with C.H. by relaying messages through one of his cousins with whom C.H. remained in contact. The messages threatened C.H. that Albright was going to make her life "hell" if she did not write to the trial court to drop the charges against him. Id. at 47. He said he planned to "make sure" she "lost everything," including her job and her children. Id. Albright continued to threaten and behave belligerently toward C.H. during subsequently implemented supervised and...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT