Ault v. State, 031419 INCA, 18A-CR-1898

Docket Nº:18A-CR-1898
Opinion Judge:ALTICE, JUDGE.
Party Name:Shawn Raymond Ault, Appellant-Defendant, v. State of Indiana, Appellee-Plaintiff.
Attorney:Attorney for Appellant Kurt A. Young Nashville, Indiana Attorneys for Appellee Curtis T. Hill, Jr. Attorney General of Indiana Caryn N. Szyper Deputy Attorney General Indianapolis, Indiana
Judge Panel:Najam, J. and Pyle, J., concur.
Case Date:March 14, 2019
Court:Court of Appeals of Indiana
 
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Shawn Raymond Ault, Appellant-Defendant,

v.

State of Indiana, Appellee-Plaintiff.

No. 18A-CR-1898

Court of Appeals of Indiana

March 14, 2019

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.

Court of Appeals Case No. 18A-CR-1898 Appeal from the Marion Superior Court Trial Court Cause No. 49G20-1603-F5-9317 The Honorable Shatrese M. Flowers, Judge The Honorable James Snyder, Commissioner

Attorney for Appellant Kurt A. Young Nashville, Indiana

Attorneys for Appellee Curtis T. Hill, Jr. Attorney General of Indiana Caryn N. Szyper Deputy Attorney General Indianapolis, Indiana

MEMORANDUM DECISION

ALTICE, JUDGE.

[¶1] Following a bench trial, Shawn Raymond Ault was convicted of Level 5 felony carrying a handgun without a license. His sole issue on appeal is whether the circumstantial evidence presented by the State was sufficient to convict him.

[¶2] We affirm.

Facts & Procedural History

[¶3] Between 5:00 and 6:00 a.m. on November 18, 2015, Indianapolis resident Martin Bucio Rojas started the engine of his black 2006 BMW that was parked on the street in front of his house and left it running while he went back inside his home to get his phone. Bucio Rojas came out about a minute later to find that his car had been stolen. He reported the incident to police, his insurer, and the dealer.

[¶4] Around 5:00 p.m. that day, Indianapolis Metropolitan Police Officer Lauren Carmack was dispatched to a location on Belmont Avenue in Indianapolis on a report that a vehicle matching the BMW's description had been found. Upon arrival, Officer Carmack observed the subject BMW parked in a lot, and she surveilled the unoccupied vehicle from a few houses away. She observed a white male, wearing a black tank top, black pants, and a hat, walk out of the residence at 1426 S. Belmont, which adjoined the lot where the BMW was parked. The man got into the BMW and left, driving northbound on Belmont. Seconds later, IMPD Officer Cory Drum, who also had been dispatched to the area, saw the BMW as it turned onto another street. Officer Drum pulled behind the BMW, and Officer Carmack followed Officer Drum. Both officers were in fully marked police cars, but were not using lights or sirens. After several turns, the officers observed the BMW turn into an alley. Officer Carmack briefly lost sight of the BMW as it turned, but followed it into the alley and observed the BMW parked on a cement parking pad. Officers Carmack and Drum parked their vehicles, exited, and approached the BMW. As they approached, they saw a white male wearing the same black clothing and hat, standing within five to ten feet of the car. He looked at them and ran.

[¶5] Officers Drum and Carmack began chasing the man, later identified as Ault. As they passed the BMW, they observed that the driver's side door was open, and Officer Drum stopped to confirm that no one was inside the vehicle. She...

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