Description:
Evansville, Indiana resisting law enforcement, a Level 6 felony, criminal defense lawyers.


[¶2] On November 10, 2023, Jerald Carter was working as a cashier at Dollar General. While he was working, Jones entered the store. Carter watched as Jones browsed the aisles and picked up a tube of toothpaste. Jones walked to the back of the store, concealed the toothpaste in his hoodie, and returned to the front of the store. As he walked past the cash register, Carter asked Jones what he had done with the merchandise he had been holding in his hands. Jones told Carter that he did not have anything to purchase and walked out of the store.

[¶3] Later that day, a Coca Cola vender pulled up in his truck to deliver soda. As he was bringing the delivery inside, Carter saw Jones walk into the parking lot and "jump on the truck." Tr. at 118. After a short while, Jones "jumped back off the truck" with a six pack of Coke in his hands and walked away. Id. At that point, Carter called 9-1-1 and reported a theft.

[¶4] Officer Kyle Campbell of the Evansville Police Department was dispatched to the store. When he arrived, Officer Campbell spoke with Carter, who directed him across the street to where Jones was standing. Officer Campbell approached Jones who "backed away quickly" as if "he was about to take off running." Id. at 143. Officer Campbell told Jones that he was not free to leave. At that point, Jones gave Officer Campbell a "crazy look" that made Officer Campbell believe that Jones "may be on something that didn't put him in the right state of mind." Id.

[¶5] In response, Officer Campbell pulled out his taser, told Jones to "relax," and ordered him to get down on the ground. Id. at 141; St. Ex. 1. He repeated that command seven times, but Jones refused to lower himself to the ground. Officer Campbell also told Jones to keep his hands where he could see them. Officer Campbell could see that Jones had something in his hoodie pocket but was unsure whether it was merchandise from the store or a weapon. As Officer Campbell was repeating his commands for Jones to get down on the ground, Jones reached into his hoodie pocket. At that point, Officer Campbell deployed his taser.

[¶6] Once Jones was on the ground, Officer Campbell ordered Jones to place his hands behind his back. He repeated that command several times, but Jones refused. Instead, Jones lifted his upper body into a "pushup position" and
"ripped" his arms away from Officer Campbell. Id. at 144. Jones lifted his arms above his head to keep them out of Officer Campbell's reach and tried to "buck" him away from his body. Id. Officer Campbell continued to struggle with Jones until backup arrived. At that point, the officers were able to place Jones in handcuffs and take him into custody. Afterwards, Officer Campbell realized that he had scraped his knuckles and fingers across the pavement while taking Jones into custody, which resulted in minor scratches and bleeding.

[¶7] The State charged Jones with Counts I-II, resisting law enforcement as Level 6 felonies, and Count III, theft as a Class A misdemeanor.[2] Count I was enhanced from a Class A misdemeanor to a Level 6 felony as follows:

on or about November 10, 2023, George D. Jones Jr. did knowingly or intentionally forcibly resist, obstruct, or interfere with Evansville Police Department Officers while said officers were lawfully engaged in their duties as law enforcement officers and the said act did create a substantial risk of bodily injury to George D. Jones Jr. or Evansville Police Department Officers.

App. v. II at 14. The enhancement for Count I also provided that Jones had two prior unrelated convictions for resisting law enforcement.

[¶8] Jones's jury trial took place on January 26, 2024, and the jury found Jones guilty as charged of Count I and not guilty of Counts II and III. Jones subsequently admitted that he had two prior convictions for resisting law
enforcement, and the Count I conviction was entered as a Level 6 felony. A sentencing hearing was held on February 2, 2024, and the trial court sentenced Jones to serve two years in the Department of Correction. This appeal ensued.

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Jones v. State, 24A-CR-539 (Ind. App. Oct 16, 2024)

Outcome: Affirmed

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