Mathis v. State

• Decision Date: 18 January 2007
• Docket Number: No. 49A02-0604-CR-316.,49A02-0604-CR-316.
• Parties: Kevin MATHIS, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.
• Court: Indiana Appellate Court

859 N.E.2d 1275

Kevin MATHIS, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

No. 49A02-0604-CR-316.

Court of Appeals of Indiana.

January 18, 2007.

COPYRIGHT MATERIAL OMITTED

William F. Thoms, Jr., Thoms & Thoms, Indianapolis, IN, Attorney for Appellant.

Steve Carter, Attorney General of Indiana, Michael Gene Worden, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

OPINION

BAKER, Judge.

Appellant-defendant Kevin Mathis appeals from his convictions for Battery,¹ a class A misdemeanor, and Interference with the Reporting of a Crime,² a class A misdemeanor following a bench trial. Specifically, Mathis argues that the trial court erred in admitting the testimony of a police officer and that the evidence was insufficient to support his convictions. Concluding that the trial court's admission of the police officer's testimony was not reversible error and that the evidence was sufficient to support his convictions, we affirm the trial court's judgment.

FACTS

On January 2, 2006, Mathis was living with his girlfriend, Janet Cook. Mathis sent Cook out to do laundry, and when she returned around 11:15 p.m., Mathis was drunk, and the two began to argue. As they were arguing in the kitchen, Mathis told Cook to get out of his house, but Cook refused. Mathis grabbed some of Cook's boxes to throw out of the house, and Cook tried to call 911 on her cell phone. Mathis then pushed Cook against the back door, yelled at her, and tried to take Cook's phone. Mathis's fourteen-year-old son went into the kitchen and pulled Mathis off Cook. When Cook ran into the living room to call 911, Mathis followed her, pushed her over the arm of the sofa, called her names, and told her to get out of the house. Cook, who was lying on her back on the sofa with Mathis on top of her, struggled with Mathis for ten minutes as she tried to call 911. Mathis grabbed Cook's hand that was holding the phone with his one hand and grabbed her hair with his other hand, and when Mathis's son tried to pull Mathis off Cook, Mathis hit Cook on the head with his fist. Once freed from Mathis, Cook, who had been arguing with Mathis for one hour, took her dogs and ran out of the house.

Around 12:30 a.m., Indianapolis Police Officer Christopher Kunz received a dispatch regarding a "report of a disturbance" at Mathis's house and arrived on the scene within fifteen minutes. Tr. p. 10. Mathis was not at the house when Officer Kunz arrived, but another person was there with Cook. Officer Kunz immediately talked with Cook, who was "very upset," "emotional," crying, and had her clothing in disarray. Id. at 6. According to Officer Kunz, Cook "calmed down" after his arrival and "felt safer when she was able to gain control of her emotions." Id. at 9. Cook then told Officer Kunz that Mathis hit her in the head and prevented her from calling 911, but Officer Kunz did not see any noticeable injuries on Cook.

The State charged Mathis with class D felony domestic battery, class A misdemeanor battery, and class A misdemeanor interference with the reporting of a crime. During a bench trial that commenced on March 13, 2006, Officer Kunz testified that he received a dispatch regarding a domestic disturbance, arrived on the scene approximately fifteen minutes after receiving the dispatch, and encountered Cook, who was "very upset and emotional[,]" "was crying[,]" and had her clothing "in disarray." Id. at 6, 9. When Officer Kunz attempted to testify regarding what Cook told him when he arrived on the scene, Mathis objected based on hearsay. The State responded that Officer Kunz's testimony was admissible based upon the excited utterance exception to hearsay. The trial court overruled Mathis's objection and specifically stated:

I am going to allow [Officer Kunz's] testimony. I will find there was a relatively brief period of time between the report of the dispatch and the time the officer arrived. He spoke with the alleged victim immediately and she was very upset and crying, her clothing was disheveled and in disarray which led the officer to believe there had been an event that had caused the distress and that she was still under the impact so I will allow the testimony.

Id. at 12. Officer Kunz then testified regarding his interview with Cook. Cook also testified at the bench trial, and she testified that Mathis had hit her and prevented her from calling 911.

The trial court found Mathis guilty of battery and interference with the reporting of a crime but not guilty of domestic battery. The trial court then sentenced Mathis to the Marion County Jail for an aggregate term of 365 days with 276 days suspended to probation. Mathis now appeals his convictions.

DISCUSSION AND DECISION

I. Admission of Evidence

Mathis first argues that the trial court erred by admitting Officer Kunz's testimony regarding what Cook told him because Cook's statements to the officer were inadmissible hearsay and did not qualify as an excited utterance.³

Because the admission and exclusion of evidence falls within the sound discretion of the trial court, we review the admission of evidence only for abuse of discretion. Wilson v. State, 765 N.E.2d 1265, 1272 (Ind.2002). An abuse of discretion occurs "where the decision is clearly against the logic and effect of the facts and circumstances." Smith v. State, 754 N.E.2d 502, 504 (Ind.2001).

Hearsay is "a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted." Ind. Evidence Rule 801(c). Hearsay is generally not admissible at trial. Ind. Evidence Rule 802. For a statement to be admitted under Indiana Rule of Evidence 803(2) — the exception for an excited utterance — three elements must be shown: (1) a startling event; (2) a statement made by a declarant while under the stress of excitement caused by the event; and (3) that the statement relates to the event. Fowler v. State, 829 N.E.2d 459, 463 (Ind.2005), cert. denied, ___ U.S. ___, 126 S.Ct. 2862, 165 L.Ed.2d 898 (2006). The ultimate issue is whether the statement is deemed reliable because of its spontaneity and lack of thoughtful reflection and deliberation. Id.

Mathis contends that Officer Kunz's testimony "does not fall within this [excited utterance] exception because it did not occur so close in time to be made while the declarant [Cook] was under the stress of excitement caused by the event." Appellant's Br. p. 4. However, "[t]he amount of time that has passed between the event and the statement is not dispositive." Taylor v. State, 697 N.E.2d 51, 52 (Ind. 1998). The issue is "whether the declarant was still under the stress of excitement caused by the startling event when the statement was made." Id. Mathis argues that Cook was not under the stress of excitement because Cook left the house to call the police, returned to the house where Mathis was already gone, and had another person at the house with her during the time between the event and her statement to the officer.

The State contends that the excited utterance hearsay exception was met because Cook was still under the influence of the startling event despite Officer Kunz's testimony that Cook began to calm down upon his arrival to the house. The State also argues that even if Officer Kunz's testimony constituted inadmissible hearsay, the admission of such was harmless error because Officer Kunz's challenged testimony was cumulative of Cook's testimony.

We need not address Mathis's argument whether Officer Kunz's testimony fell under the excited utterance exception to the hearsay rule because any alleged error regarding the admission of the testimony was harmless. Our Supreme Court has determined that errors in the admission of evidence, including hearsay, are to be disregarded as harmless unless they affect the substantial rights of a party. Montgomery v. State, 694 N.E.2d 1137, 1140 (Ind.1998); see also Ind. Trial Rule 61. In determining whether an evidentiary ruling has affected a defendant's substantial rights, we assess the probable impact of the evidence on the factfinder. Id. Moreover, the admission of hearsay is not grounds for reversal where it is merely cumulative of other evidence admitted. Id. "The improper admission of evidence is harmless error when the conviction is supported by substantial independent evidence of guilt as to satisfy the reviewing court that there is no substantial likelihood that the questioned evidence contributed to the conviction." Cook v. State, 734 N.E.2d 563, 569 (Ind.2000).

Here, Officer Kunz's testimony that Mathis hit Cook and prevented her from calling 911 was merely cumulative of Cook's own testimony regarding what Mathis did to her during their argument. Indeed, Cook testified that during the course of their argument, Mathis pushed her against a door, pushed her on the sofa and laid on top of her, grabbed her hair, hit her in the head, and prevented her from calling 911 on her cell phone. Tr. p. 20-24. Cook further testified that Mathis's actions caused her to "hurt" and "kinda see[ ] stars for a second." Id. at 24. Clearly, Officer Kunz's testimony was merely cumulative of Cook's testimony, and Mathis's conviction was supported by substantial independent evidence of guilt as to satisfy us that there is no substantial likelihood that the alleged hearsay evidence contributed to the conviction. Thus, the trial court's admission of the hearsay testimony was harmless error. See, e.g., Lander v. State, 762 N.E.2d 1208, 1214 (Ind.2002) (finding that the improper admission of the hearsay statements was harmless error); D.G.B. v. State, 833 N.E.2d 519, 527 (Ind.Ct.App.2005) (same).

II. Sufficiency

Mathis next argues that the evidence is insufficient to support his convictions for battery and interference with the reporting of a crime. Specifically, Mathis argues that the evidence is insufficient because without Officer Kunz's testimony, the sole evidence presented...