Konkle v. State

• Court: Indiana Supreme Court
• Writing for the Court: Massa, Justice.
• Citation: Konkle v. State, 253 N.E.3d 1068 (Ind. 2025)
• Docket Number: Supreme Court Case No. 24S-CR-207
• Decision Date: 12 March 2025
• Parties: Zachariah David KONKLE, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).
• topic: Contracts,Criminal Law,Civil Procedure

253 N.E.3d 1068

Zachariah David KONKLE, Appellant (Defendant below),

v.STATE of Indiana, Appellee (Plaintiff below).

Supreme Court Case No. 24S-CR-207

Supreme Court of Indiana.

Argued: September 12, 2024

Filed March 12, 2025

Appeal from the Jackson Circuit Court, No. 36C01-2108-MR-1, The Honorable Richard W. Poynter, Judge

ATTORNEY FOR APPELLANT ZACHARIAH KONKLE: R. Patrick Magrath, Madison, Indiana

ATTORNEYS FOR APPELLEE STATE OF INDIANA: Theodore E. Rokita, Attorney General of Indiana, Megan M. Smith, Deputy Attorney General, Indianapolis, Indiana, Daylon L. Welliver, Deputy Attorney General, Indianapolis, Indiana, Angela N. Sanchez, Chief Counsel of Appeals, Indianapolis, Indiana

On Petition to Transfer from the Indiana Court of Appeals, No. 23A-CR-00783

Massa, Justice.

A jury found Zachariah Konkle guilty of voluntary manslaughter for knowingly killing Michael Steele. During closing arguments to the jury, the State invoked a well-known rule of tort law, the eggshell skull doctrine, to rebut assertions that Steele died from preexisting heart conditions. On appeal, Konkle argues: (1) that the State committed prosecutorial misconduct by invoking the eggshell skull doctrine in a murder case, (2) that the State lacked sufficient evidence to prove that he "knowingly" killed Steele, and (3) that his sentence is inappropriate in light of the nature of the offense and the character of the offender. Finding no prosecutorial misconduct, sufficient evidence to prove the "knowing" element of the crime, and that the sentence was appropriate, we affirm Konkle’s conviction.

Facts and Procedural History

Zachariah Konkle worked as a ride operator for Poor Jack Amusements ("Poor Jack"). Poor Jack is a traveling carnival that operates at numerous county fairs throughout Indiana. Poor Jack owns and operates rides, with ride operators or "ride jocks" working directly for Poor Jack. Poor Jack also contracts with third-party gaming companies which employ its own game operators or "gamies." In July 2021, the ride jocks and gamies were on the job at the Jackson County Fair. The gamies included two men named Michael Steele and Robert Clark.

A mother ("Mother") attended the Jackson County Fair that summer with her husband and children. Their seven-year-old daughter has several mental and behavioral issues, and after she lost a game, she began having a tantrum. A nearby gamie began mocking and making fun of Mother’s daughter. Although Mother informed him that her daughter has special needs, the gamie told Mother to "get over it." After this, between 11:00 and 11:30 p.m., Mother searched for a supervisor to report the incident. Konkle, a ride jock, heard about the incident, approached Mother, and informed her that he would "take care of it."

Around 1:00 a.m., while speaking with some co-workers, Konkle stated that "somebody [had been] messing with a mentally handicapped child" and that "if he found the person that he was going to hurt them," Although multiple carnival employees told Konkle to let management handle the situation, Konkle ignored their advice. Konkle initially thought Clark responsible and attacked him first. Clark explained to Konkle that he did not make fun of anyone and that Konkle had attacked the wrong person. Konkle then began telling other employees, including Steele, that a "gamie" had made fun of a handicapped child and that if Konkle "hit the wrong person the first time the other one’s going to get it twice as worse."

Steele said, "let’s go." Steele threw the first punch, and the two men exchanged blows thereafter. Konkle, however, was unaware that Steele had several pre-existing heart conditions, including cardiovascular disease, significantly blocked coronary arteries, and an enlarged heart. Steele tackled Konkle to the ground, but Konkle ended up on top, with his chest pressing Steele’s face "in[to] the ground." According to testimony from multiple carnival employees, it "looked like" Konkle’s anus were "around [Steele’s] neck." Konkle hit the back of Steele’s head approximately five times and said, "[G]o to sleep bitch." Steele then began gurgling and foaming at the mouth, which carnival employees noted sounded like "[Steele] had food in his lungs" and that "he was fighting for air."

At this point, Konkle was physically separated from Steele and another carnival employee attempted to resuscitate Steele using CPR, which Konkle actually joined in. Another carnival employee called 911. Konkle asked those present at the scene to tell law enforcement that Steele had fallen while taking a shower. Konkle also said that he wanted to run away.

Police were summoned from the other side of the fairgrounds and found Steele lying on his back with his body partially under one of the bunkhouses, gasping for air and with only a faint pulse. Steele stopped breathing and officers administered CPR until paramedics arrived. Once the paramedics arrived, Steele had no pulse, prompting the paramedics to place him on a cardiac monitor which displayed that Steele’s heart was not beating. Paramedics observed abrasions on Steele’s shoulder blades and blood dripping from his ear.

While paramedics were attending to Steele, Konkle tried to drive away. Konkle’s employer prevented him from leaving, however, and instructed him to inform police about what had happened. Konkle then reported to officers at the scene that he was involved in the altercation with Steele.

After Miranda warnings, Konkle explained the circumstances leading up to the altercation and what happened during the fight with Steele. Konkle claimed that as soon as Steele began gasping for air, he rose from Steele’s body and attempted CPR until Steele "came to." Konkle admitted that he had been angry prior to and during the altercation. Konkle was then arrested for strangulation.

Steele was transported to a hospital in Indianapolis, where he died. A forensic pathologist at the Marion County Coroner’s Office performed Steele’s autopsy. The pathologist concluded that Steele’s cause of death was "[m]echanical asphyxiation complicating compression of the carotid artery through a ‘choke hold.’" The autopsy further reported Steele’s pre-existing heart condition.

Konkle was again interviewed at the Jackson County Jail and retold the circumstances surrounding the altercation to the interviewing officer. Particularly, he recounted the specifics of the fight, that he was angry about the situation with Mother and her child, that he took the situation into his own hands despite being told not to, and that he was angry for having become involved in an argument with the wrong person. Konkle further acknowledged that when Steele punched him, "it set him off" and that he became even angrier.

The State charged Konkle with murder and a jury trial ensued. Konkle conceded that he caused Steele’s death and the State conceded that Konkle did not kill Steele intentionally. Therefore, the key issue was whether Konkle knowingly killed Steele.

The State’s pathologist testified that Steele’s brain was not functioning properly due to a lack of blood flow caused by "mechanical asphyxiation"—an outside compression of the body which results in the prevention of oxygen transmission to the brain. The doctor stated that the asphyxia could have been caused either from a chokehold, or from the compression of Steele’s chest, which witnesses testified to at trial. There were neither internal nor external injuries to Steele’s neck.

The doctor also found Steele had "bilateral conjunctival petechial hemorrhages consistent with repetitive compression of the carotid arteries," that petechiae hemorrhages have several other causes, including heart disease, and that Steele’s cardiovascular system was in "poor" health. Steele’s heart was enlarged and his coronary arteries were "narrowed by 90 percent," which constituted "critical stenosis" and had the potential to cause death on its own. He noted that Steele’s heart presented signs of "previous heart attacks," one of which was recent, and that it was "[q]uite possible" that Steele had a heart attack during the fight with Konkle. His final conclusion was that Steele did not die from natural causes, but rather, his death was "at the hands of another." He further concluded by stating, "if just the struggle caused a heart attack [then he] would still call it a homicide."

Konkle presented testimony from a different expert pathologist who testified that Steele died of a heart attack, and that his examination did not uncover evidence of a chokehold. Specifically, he concluded:

[B]ecause of the condition of [Steele’s] heart I find that the manner of death in this is natural. It is not a homicide, he does have some minor non-disabling injuries that are present on his body, primarily braising, on multiple locations, on his head, on his ears and within the soft tissues behind his ears. But he has nothing that would have prevented him from walking away had he not ceased activity of his heart.

However, he admitted on cross-examination that asphyxiation can be caused by compression and that the altercation with Konkle had contributed to Steele’s heart attack. Konkle’s expert also acknowledged that Steele could have survived had Konkle not held Steele down.

During closing arguments at trial, the State focused on Konkle’s culpability, arguing that Konkle acted knowingly and that the jury should find Konkle guilty of murder. The State explained:

Conduct which is knowingly is done if when he personally engaged in conduct, engaged in a conduct he’s aware of a high probability that he is doing so. You know, if I start to push this over or wheel it around I’m aware of a highprobability it’s going to move. Okay. If I shoot somebody even if I don’t intend them to die whatsoever, I’m aware of a high probability that people could die…. If I’m trying to put somebody to sleep I know I’m making him unconscious. I’m depriving them of oxygen or blood to the brain. That is serious bodily injury, I didn’t

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