Bailey v. State, 49S02-0812-CR-00630.

• Court: Supreme Court of Indiana
• Citation: 907 N.E.2d 1003
• Decision Date: 18 June 2009
• Docket Number: No. 49S02-0812-CR-00630.,49S02-0812-CR-00630.
• Parties: Christopher BAILEY, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

907 N.E.2d 1003 Christopher BAILEY, Appellant (Defendant below),
v.
STATE of Indiana, Appellee (Plaintiff below). No. 49S02-0812-CR-00630. Supreme Court of Indiana. June 18, 2009.

[907 N.E.2d 1004]

Anna Onaitis Holden, Ann M. Sutton, Indianapolis, IN, Attorneys for Appellant.

Gregory F. Zoeller, Attorney General of Indiana, Nicole M. Schuster, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

On Petition to Transfer from the Indiana Court of Appeals, No. 49A02-0801-CR-65

SHEPARD, Chief Justice.

Christopher Bailey, convicted of battery and disorderly conduct as the result of an early morning confrontation in his high school, has argued on appeal that there is insufficient evidence to support his convictions. The Court of Appeals agreed and reversed both convictions. We granted transfer and now affirm on both counts, concluding that the evidence demonstrates Bailey intentionally touched the assistant principal in a rude, insolent, or angry manner and also engaged in tumultuous conduct with the dean of students.

Facts and Procedural History

On the morning of November 14, 2007, Christopher Bailey was in the cafeteria at Perry Meridian High School in Marion County. Assistant Principal Sarah Brewer was monitoring morning breakfast service when she asked Bailey to pull up his pants. (Tr. at 11.) Bailey refused and was upset in general. (Tr. at 11-12.) Assistant Principal Brewer extended her arm in an effort to prevent Bailey from walking to another cafeteria line and direct him towards the dean's office. Bailey angrily pushed through Assistant Principal Brewer's arm using his body while keeping his hands at his sides. (Tr. at 11-12, 14, 22-26.)

Ten or fifteen feet away from this encounter, Dean of Students Brian Knight observed Bailey push through Ms. Brewer's arm. (Tr. at 13-14, 29.) When the dean moved closer to confront Bailey, Bailey threw down his drink and coat, stepped towards the dean, coming within six to

907 N.E.2d 1005

twelve inches of his face, and began to unleash a series of obscenities while standing with his fist clinched at his sides. (Tr. at 14-15, 27-30.) About this moment Perry Township School Police Officer Douglas Hunter, summoned to the scene from traffic duty, entered the cafeteria and observed a group of students watching Bailey's tirade against Dean Knight. Once Bailey saw the officer approaching, he backed away and calmly left the cafeteria area heading towards the dean's office. Bailey was arrested shortly thereafter.

The State charged Bailey with battery, as a Class B misdemeanor, Ind.Code § 35-42-2-1 (2008) and disorderly conduct, as a class B misdemeanor, Ind.Code § 35-45-1-3 (2008). Following a bench trial, Bailey was found guilty on both counts. Bailey appealed, and the Court of Appeals reversed. Bailey v. State, 893 N.E.2d 749 (Ind.Ct.App.2008). We granted transfer and now affirm the judgment of the trial court.

Standard of Review

Bailey contends there is insufficient evidence to support his convictions. When reviewing the sufficiency of the evidence needed to support a criminal conviction, we neither reweigh evidence nor judge witness credibility. Henley v. State, 881 N.E.2d 639, 652 (Ind.2008). "We consider only the evidence supporting the judgment and any reasonable inferences that can be drawn from such evidence." Id. We will affirm if there is substantial evidence of probative value such that a reasonable trier of fact could have concluded the defendant was guilty beyond a reasonable doubt. Id.

I. The Evidence to Support Battery

To convict Bailey of battery, the State was required to prove he "knowingly or intentionally touche[d] another person in a rude, insolent, or angry manner." Ind.Code § 35-42-2-1 (2008). The charging information specified that Bailey knowingly touched Assistant Principal Brewer. Indiana's General Assembly has defined knowingly:

(b) A person engages in conduct "knowingly" if, when he engages in the conduct, he is aware of a high probability that he is doing so.

Ind.Code § 35-41-2-2 (2008). Bailey contends he did not knowingly touch Brewer.¹

Assistant Principal Brewer testified she "put [her] arm out to tell him he needed to leave if he wasn't going to comply and he pushed through my arm." (Tr. at 11.) She explained that Bailey did not use his hands, but used his body to push through her arm. (Tr. at 11-12.) Dean Knight testified he was ten to fifteen feet away when he observed Bailey, who "pushed his way through Miss Brewer, who had put her arm out." (Tr. at 14.) The trier of fact could infer Bailey's push or physical movement of disrespect, indicating he was not going to comply with Brewer's request, constituted a knowing touching in a rude, insolent, or angry manner.

Moreover, Bailey's own testimony provided an inference that a knowing touching occurred in an angry or insolent manner. Bailey initially insisted that he did not touch Brewer: "I didn't touch her or nothing, you know. I had my hands down. I was just walking through." (Tr. at 23.) Upon cross-examination, however, he conceded that although he did not touch her using his hands, he may have touched her with another part of his body.

Prosecutor: But did you touch her arm?

Bailey: No, ma'am.

907 N.E.2d 1006

Prosecutor:...